Many employment mediators are retired judges or longtime litigators. Their mediation methods are less effective because they usually:
- keep each side separate, making effective communication impossible
- try to persuade each side to compromise by emphasizing the weaknesses of that side’s case – which is ineffective because everyone knows what the mediator is up to
- rely on future referrals from the lawyers, so they cater to the lawyers, not to the clients
My approach is better because:
- I support you in talking directly to the other side, if you like, so you can tell them exactly what you think and so you can ask them what they’re thinking
- I won’t pretend to know what will happen in court – that’s probably not your main concern anyway
- I work for the clients, not the lawyers, so I provide the process that gives you maximum freedom and control (even if the lawyers are uncomfortable with that)
