Early Mediation Can Defuse Disputes Before They Get Nasty

Last month's issue of Northwest Lawyer magazine contained an article that extolled the benefits of early mediation. The article's author (a retired attorney) began by revealing that he had recently been sued and that it had been a miserable experience.  He went on to note that early mediation can help people avoid litigation, which can save them much time and money and spare them a great deal of emotional distress.  The article's author also pointed out that early mediation can prevent the destruction of personal relationships that often accompanies litigation.

Parties involved in a dispute should seriously consider engaging in mediation before they file lawsuits.  I am available to mediate disputes between condominium and homeowners associations, disputes between such associations and their owners, and disputes between two owners within such associations.   

The Importance of Listening

Effective mediators know how to listen.  This sounds deceptively simple, but listening seems to be becoming a bit of a lost art.  Mediators (who are often attorneys) have a tendency to speak too soon and too much.  They make mediations about them rather than the parties.  It is often tempting for mediators to cut the parties short and direct them to what they deem to be the best outcome.  This is a mistake. 

The parties initially need to be given sufficient time to tell their stories and explain their positions without interruption.  The best mediators allow parties to do this and then ask open-ended questions that prompt them to elaborate on those stories and react to the issues raised by the other party.  Through this process, mediators can obtain the information necessary to achieve durable settlements that take both sides' interests into account.

If you are seeking to mediate a condominium-related dispute, then you should select a mediator who understands that silence can be golden. 

Interview Illuminates Mediation's Benefits and Challenges

I recently read an insightful interview of Seattle mediator and arbitrator Stew Cogan.  He emphasized at the outset that mediation is a fast process that can be concluded in a matter of weeks.  This helps to keep associated costs to a minimum.   Mr. Cogan went on to note that mediation is particularly difficult when the parties have been involved with each other for a long period of time and bring a large amount of baggage with them to the mediation.  In those situations, the mediator and the parties must consider more than the merits of the legal dispute.  He concluded by pointing out that the essence of mediation is providing parties with an optimal opportunity to solve their own problems.  The full interview can be reviewed here.

Parties in conflict should seek out mediators who combine knowledge of the relevant legal area and talent for helping people work out their problems.  If you are involved in a dispute with a condominium or homeowners association or an owner in such an association, then you should consider contacting my office to discuss mediation of that dispute.