Settling Cases in Dallas and Contiguous Counties Since 2002
Rockwall County Courthouse
What Attorneys Expect From Mediators
Gene Roberts, Attorney-Mediator on February 13, 2011, attended a candid conversation by a distinguished group of attorneys about what they expect from their mediators. The panel unanimously agreed on a general proposition that Gene recorded:
“The panel wants mediators who will do their job and provide value. They don't want mediators who view the mediation as something to check off a list. Instead, they want a mediator who really believes in the process, even when the participants have given up. And they want to be treated well, including follow-ups when the dispute doesn't resolve at the first mediation.”
A Mediator’s Response:
Those Attorneys accurately described my attitude and methods of mediation.
- I am a strong believer in the value of mediation, and am settlement driven. My goal is to have both parties leave the mediation satisfied that they have achieved a reasonably satisfactory settlement, and have been well-treated by the mediator.
- Winston Churchill, one of the 20th Century’s most admired men, stated my position, “Never give up. Never, never, never give up.”
- If a case does not settle during the mediation session because of missing documents or other information, I declare a recess and keep in contact with the parties until the data has been gathered. Usually at that time we settle over the phone or by email.
- If a mediation session ends in an impasse, I continue in contact with the parties until it is settled or until the trial date. Often, after a party has had a few days to think about it, I can phone and get an agreement to settle.
- One of my recent multi-party cases did not settle in the half day mediation session because of a lack of data from several sources. I recessed the mediation and assured the parties that I would continue working for settlement by phone and email, and that there would be no additional fee unless we had to reconvene. Negotiations dragged on for eight months. Finally I called the parties back together and we settled.
CONTACT: Phone, 469-769-1149. E-mail, Joe@JoeBHewittMediator.com