Tuesday, August 20, 2013

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. 

Thursday, July 25, 2013

Spreading the Condo Mediation Message

I had the privilege to appear on local radio show Brashenomics this month.  During my part of the show, I discussed the mediation process and explained why condominium and homeowners associations and their owners should use mediation more often to resolve conflicts.  Here is a link to a video of my part of the show: http://bit.ly/18EiixT

Tuesday, May 21, 2013

The Elusive Goal of Rapport

The French word rapporter entered the English language as rapport in the 1660's.  Rapporter means to “fetch”, “yield” or “bring back”.  Rapport, on the other hand, is defined as “a sympathetic or harmonious relationship or state of mutual understanding”.  

Mediation seeks to replace strife with rapport.  Restoration of the relationship between the parties to the greatest extent possible is its primary goal.  When rapport is created, communication flourishes and mutually acceptable solutions are found to common problems.

As a mediator, I make it a priority to ensure that each party fully considers and understands the other party's position and motivation.  Attempting to see a dispute from the other side's point of view often leads to the establishment of rapport.  Concessions and settlements are then much more likely to occur.