 About Wayne Smith
There's Mediation . . . and then There's Mediation Most mediations arise after a case gets to court. Court systems have panels of arbitrators and mediators. For the most part the panelists are lawyers. But not all lawyers are trained mediators. And even with training, there are differences in style. Some mediators use a facilitative approach, and some use a more evaluative approach. Be aware of what you want. Mediation as an alternative is fairly new, and very old. But in the American justice system, it is emerging as an effective tool of dispute resolution. But it is not a short settlement conference. And the parties have to come prepared to spend some time, and with some expectation that open and honest communication may settle this dispute. Simply analyzing the upsides and downsides of a dispute are not enough.
The mediator has to help the folks understand why they are in court, and how they can get out. That takes training and experience. Take the time to find a good mediator with experience and skills to help you resolve your case.
I have accumulated over 100 hours of training in mediation techniques, and I have helped mediate over 130 cases in the past 10 years. I am happy to say that I have helped settle over 90% of these disputes.
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