Mediation can curtail judicial and arbitration frustrations: protracted delays, unreasonable adversaries, inflexible Judges, burdened court calendars, escalating costs, the unpredictability of juries, matters spiraling “out of control”, and the emotional stresses inherent in a heightened adversarial process.
- Mediation Expertise: Mediation is a complex discipline requiring training, commitment and experience. Honed mediation skills and tools are fundamentally different from adversarial or judicial experience.
- People Skills/Psychology: Ms Dickey is expertly equipped to handle heightened emotions and power-struggles, which can otherwise derail negotiations. Ms Dickey gains the trust of parties and counsel through intellect and genuine compassion. She can identify and break down psychological barriers.
- Analytical Skills: Ms Dickey offers a quasi-judicial reality check- analyzing the strengths and risks of legal positions and business realities. This neutral and confidential perspective can break down resolution barriers.
- Leadership Skills: Control of the mediation environment is essential, particularly in complex multi-party matters.
- Legal & Business Experience: Ms Dickey's legal, business, and civic backgrounds are invaluable to understanding legal and business practicalities.
- Party Control and Client Satisfaction: Parties and counsel have direct input into discovery exchange, scheduling, and terms of settlement. Parties avoid the risk of an unpredictable jury, judge, or arbitrator. The inherent “buy-in” generates solutions that parties will respect.
- Cost and Time Efficiency: Mediators can facilitate discovery exchanges to minimize business interruption and avoid protracted delays.
- Customization of Process: Each mediation process is uniquely tailored for optimal results.
- Creative Win-Win Solutions: Identifying underlying interests and discernment of future consequences result in resolution options unavailable in court; the proverbial “pie” can be expanded for a Win-Win solution.
Persons with vastly different qualifications can hold themselves out as “mediators.” Professional Accreditation assures a vetted background including: - Verified education and professional credentials
- Extensive and continuing mediation skills training
- Significant experience conducting actual mediations
- Rigorous peer evaluation including personal character, references, mediation knowledge and skills, and effectiveness of results
The optimal time is very case (and client) specific. Mediations can take place pre-litigation, on the eve of trial, or anywhere in between. Earlier is often better as: - Financial costs and emotional stress increase as a case progresses
- Parties become more entrenched and invested making resolution more difficult
- Experts tend to unrealistically pump up expectations
However, party and counsel must be adequately prepared for mediation to be successful: - Facts must be sufficiently developed
- Legal merits must be understood
- Insurance coverage and carrier issues must be considered
Yes! Ms Dickey works with owners, managers and human resource (HR) departments to resolve intra-organizational conflicts. An outside neutral increases the perception of un-biased fairness and can diffuse a potentially volatile situation from erupting into litigation. Party "buy-in" which is inherent in a mediated solution, enhances the working relationship and productivity going forward.
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