Mediation Even More Important After the Election
We begin the new year with a new president and a deeply divided country. Many of us feel we have fewer close friends than we did before. Others may feel that only those people who voted as we did can be trusted. We ask ourselves: “How can the others not see why they are wrong and we are right? Why do they believe things that are obviously (to us) wrong?” Our ideas of whom we trust, with whom we identify, and with whom we share common goals may have changed after last fall’s election. Minor disputes may devolve into “us” versus “them,” thereby becoming increasingly difficult to resolve. For example, when we feel that others are to blame for our situation, we may be quick to assign labels that prove counterproductive (e.g. “bad” or “ignorant”), operating under the assumption that those with whom we disagree intended to hurt us. Unless the other party has directly stated their intent, however, this cynical approach to conflict resolution is simply guesswork.
This Divide Extends to the Courtroom
In the legal context, differences in perception make it easier to justify hard and unyielding positions. Nevertheless, we must all grapple with the many challenges coming our way, including those that are both in and outside our control. Failure to do so prevents us from achieving a positive future.
More Listening, Less Arguing
A skilled and neutral mediator can help quarreling parties understand one another. A mediator can also clarify positions, reveal interests and ensure that each person understands the facts of the situation. Negotiating a successful outcome both parties to listen carefully to one another’s point of view. A successful mediator will reduce the spread of misinformation and disentangle impact from intent. In short: the mediation process helps separate the parties from the problem.
Your Mediation Ally
Joseph H. Spiegel offers more than 30 years of business and securities litigation experience. Mr. Spiegel’s background has strengthened his skills as a listener, and he provides a unique understanding of the process and substance of each case he accepts. For more information, please call our firm at 734-761-8475.