Most attorneys and parties think of mediation as a tool to settle potential or pending litigation matters when the attorneys cannot settle it themselves. Mediation has far broader applicability.
At Conflicts Transformed, we focus on the emotional and personal aspects of legal matters and disputes to help parties have the difficult, but necessary, conversations they cannot have themselves or with their attorneys. That leads to parties who are less emotional, more rational and more willing to collaborate to create win-win solutions.
Our process is built on the principles of transformative mediation, a different kind of legal mediation that breaks through emotional barriers. Learn more about the Different Mediation Philosophies. Of the many differences, here are two key distinctions.
First,we strongly avoid discussing how the parties can reach a compromise or the terms of a compromise.
While that stand may seem counterintuitive in a mediation, it grants us permission to explore the real issues causing division between the parties instead of trying to strong-arm the parties into an agreement. That gives us the freedom to help the parties talk to one another about the issues important to them, regardless of whether they eventually agree to compromise. Interestingly, people focusing on understanding instead of settlement are willing to compromise far more once they understand one another.
Second, counsel generally do not participate in the mediation sessions.
Our sessions involve conversations with the parties, either individually or collectively, on topics that often have little to do with the legal matter itself, whether that be an estate plan, wealth transfer or a lawsuit. As a result, counsel find themselves unable to contribute to the conversation, making their participation unnecessary, and often counterproductive. While counsel may feel uncomfortable at first, both attorney and client are glad that attorneys do not have to participate in our mediation process. The one notable exception is when the parties ask the estate planning attorney for the grantors to participate in a mediation session.
The legal profession is awakening to the many benefits of incorporating mediation into the estate planning process. Many families could avoid probate litigation if the grantors have open and honest conversations with each other and the beneficiaries during the grantors’ lifetime. Grantors avoid these conversations because they can become contentious. And estate planning attorneys don’t want to risk malpractice by speaking with non-clients.
That’s where Conflicts Transformed comes in. As mediators, we can facilitate the necessary conversations between the grantor spouses as well as with their beneficiaries. These conversations help grantors develop consensus with beneficiaries about who should get what. That clarity reduces the risk of future lawsuits within the family, as well as against the lawyers.
Parties in litigation often underestimate the role that their emotions play in their litigation decisions, including resolving the dispute. If parties were able to handle their emotions separately, they would need less handholding and would more willingly heed their counsel’s advice.
Mediation provides the only forum for parties to confidentially discuss the real issues driving the dispute, which are often irrelevant to the legal issues. Uncovering those issues and then helping the parties address them can have a palpable effect on the lawsuit. For example, authentic acknowledgment of another’s pain can lead to invaluable catharsis between parties, which makes them far more willing to compromise and collaborate to create win-win results.
We work with other mediators who help the parties negotiate the terms of a settlement.
We transform conflicts into deeper connection through dialogue and understanding.
© 2024 Conflicts Transformed
