THE ADVOCATE
THE ADVOCATE
By: Phyllis G. Pollack | www.pgpmediation.com
Introduction
Several months ago, Joan Kessler asked that I provide an article to be included in the ADR issue of The Advocate. Since then, I have pondered on what I should write about. For inspiration, I went to my weekly blog which I have been posting since August 31, 2006. Reviewing them, I noticed a recurring theme: preparation for mediation. At least twice a year, I posted vignettes about mediations gone badly due to a lack of preparation. Because preparing for mediation is so important, I would like to share them with you, as my contribution to this ADR issue of The Advocate.
- Preparing For Mediation: Something To Ponder
Alexander Graham Bell once said, “Before anything else, preparation is the key to success.” We have all heard the adage to the effect that success is 99% hard work and 1% luck.
So, too, with mediations. To reach a resolution during a mediation, each party must prepare for the mediation. The failure to do so can lead to a frustrating end to the mediation.
This was brought home in a recent mediation I conducted. It involved a case in court and so both the plaintiff, defendants and their respective attorneys were at the mediation. Due to the nature of the action, the mediation was conducted solely in separate sessions.
During my first session with each party, I explained about the mediation, its purpose, my role, the process and what was hoped to be accomplished. However, as the day progressed, it became clear to me that the plaintiff truly did not understand why she was there, or what was my role. When the plaintiff bluntly asked me, “whose side are you on: it sounds like you are against me,” I quickly understood that the plaintiff had not been prepared for the mediation.
