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1. Courtesy: I always demand that the parties and their attorneys be courteous to one another. Mediation is a time for resolution not confrontation. It is not a time for people to beat their chests, but it is simply a time for each side to fully explore the strengths and weaknesses of the case. 2. Comfort: I never shine a bright light in anyone's face and force them to settle. I want the mediation process to work and for that to happen I demand comfortable surroundings. People who mediate in my office are treated with a courteous and professional staff, coffee and refreshments and a comfortable mediation facility. If a person wants to be uncomfortable in the litigation process then that person needs to go sit on a hard bench in the courtroom for days or weeks trying his or her lawsuit in front of twelve strangers and a judge. 3. Commitment: Most judges put language in the standing mediation order bestowing certain powers on the mediator. One of the powers I normally possess is the ability to keep the parties and the attorneys in the mediation process until I settle, abate, or impasse the case. I tell my participants that I do not turn into a pumpkin at any given hour, and that I expect commitment from them to take the time needed for the mediation process to be successful. THINK RESOLUTION! 4. Control: When litigants submit their case to a jury of strangers, they lose control over the resolution of their case. Juries are unpredictable because it is impossible to know enough about each individual juror during the voir dire process to effectively strike a potentially dangerous juror. Some jurors have hidden agendas which are difficult to detect. At the mediation, a litigant has total control on the outcome of the case. 5. Compromise: If any party to a mediation wants to win its case during the mediation session, then that party is in the wrong place. To win (or lose) your case, you need to take it to the courthouse. If you want to settle your case, which is statistically accomplished approximately 98% of the time, then you need to compromise. All sides have to be willing to compromise in order to reach a settlement.
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