This week I got to participate in a mediation. Even though I’m not a litigator, mediation has always been one of my favorite parts of being a lawyer.
As a General Counsel, I’ve done countless mediations on behalf of my clients over my 30+ year career — and I can’t think of one that didn’t settle, either at the mediation itself or in the days that followed.
These matters have ranged from employment discrimination and wage-and-hour disputes to wrongful death, breach of contract, and noncompete claims.
What makes mediation so powerful?
* It gives people their freedom and agency back.
* Executives return to running their businesses.
* Individuals return to living their lives.
All without the heavy weight of ongoing litigation.
So what’s the key to unlocking a favorable outcome? It’s not advocacy — though that certainly matters.
It’s listening.
I always counsel my clients: when the mediator walks back into the room after meeting with the other side, resist the urge to jump in with all the reasons we think we’re right. Instead, listen closely to what they have to say. Hidden in their words is the path to resolution.
It’s like reading Encyclopedia Brown or Nancy Drew books with my kids — the answer is always there, if you listen carefully for the clues.