In a lifetime of working in the world of personal injury litigation I have learned that while money is usually the medium through which such matters are resolved, the method by which a specific dollar amount is arrived is as important. It can often make the difference on a human level between compensation and healing, and on a business level between the adoption of a well regarded agreement over forced resignation to a perceived bad one.
In the context of mediation, I see the system of precedent law that we as Canadians have both inherited and contributed to over the last several centuries, as a thoughtful and progressive discussion about how human beings ought to treat each other. Beyond resolving the cases actually tried, this body of recorded decisions becomes a well of wisdom that other parties can freely draw upon when fashioning their own unique settlement arrangements. The effectiveness of those discussions can be significantly enhanced when held under the private and off the record provisions of an effectively managed agreement to mediate.To be effectively managed, the following concepts must be actively promoted by the mediator:
- differences are not only inevitable but healthy
- everyone is entitled to basic respect and common courtesy
- good legal advice needs a quiet place to be delivered and deliberated.
With these in play, viable options for settlement usually become apparent. With that said, not all mediations result in a deal. Timing is sometimes as important as truth.
While I can’t guarantee settlement every time, I can guarantee that
- all relevant issues will be moved through in an effective and timely manner
- all parties and their counsel will have every reasonable opportunity to hear and be heard
- all parties will have the time they need to confer privately with counsel so as to make thoughtful and informed decisions at each critical stage in their negotiation.
Over twenty years of functioning as mediator in thousands of negotiations has given me an appreciation of the human element present in all dispute resolution. This has lead me to a keen interest in estate litigation matters, where the relationships of the parties are ongoing and require a particular sensitivity. New appointments welcome!