Not every legal case has to be presented in front of a judge and jury. In many cases, it makes more sense to have a mediator that acts in the interests of both parties and leaves everyone feeling as though their voice has been heard. When looking to solve a partner dispute that is not hostile or you are mutually divorcing without any feelings of bitterness, a mediator can save a lot of time, money, and aggravation. But what makes a good mediator? A good litigator wins their cases and gets the most compensation, but a mediator can’t be judged on the same scale. Instead, a mediator is someone who will best fit the interests of your case for both sides.
Since a mediator is working for both ends, they should provide information about the case and the laws that govern it. The mediator should have a focus on empowering the two parties in making the best decisions that will work for the greater good of the case rather than trying to gain the glory of fixing the case.
The best mediators are unable to pick sides. Instead, they work to ensure both sides of the case are well represented and heard. The right mediator will advocate and play devil’s advocate on behalf of each side, working to find the middle ground.
A mediator shouldn’t be looking to pad their own wallet, nor should they put the burden of the case on the two parties. Instead, the right mediator finds solutions that save time, money, and bad feelings on both sides, making an easier outcome.
Everyone’s opinions and feelings should be validated during a mediation. This, of course, doesn’t mean the mediator is agreeing with you. Instead, the mediator should aim to craft creative solutions using the opinions and feelings expressed by both parties.
Perhaps the most important aspect of mediation is compassion. A case that is full of bitterness is better suited for a courtroom. Rather than making a one-on-one tiny courtroom, a mediator expresses compassion for both sides and helps to find a solution both parties, and the mediator, feel good about. At Malamut & Associates, we take mediation seriously. Our team of mediation lawyers understand how to balance high emotions with logical actions. Contact us today to find out how our services can benefit your case.