Comments on: The Importance of Choosing a Professional Mediator http://ckamediation.com/wordpress/2008/07/the-importance-of-choosing-a-professional-mediator/ Fri, 05 Mar 2010 12:59:35 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: Marvin Schuldiner http://ckamediation.com/wordpress/2008/07/the-importance-of-choosing-a-professional-mediator/comment-page-1/#comment-2346 Marvin Schuldiner Fri, 01 Aug 2008 03:41:39 +0000 http://ckamediation.com/wordpress/?p=260#comment-2346 Early in my mediation training, I was co-mediating a case in NYC small claims court between a medical equipment company and a dentist over an unpaid bill (with defenses of poor services, defective product, etc.). The dentist's husband was a lawyer. After going through my opening statement which explained all about mediation and how we weren't judges, after the plaintiff's opening statements, the lawyer-husband blurted out "I OBJECT!" while slamming his fist on the table. I calmly reminded him that this wasn't a legal proceeding where objecting was appropriate, but a guided conversation and negotiation, and if he wanted to state something he was free to do so. He calmed down after that. We eventually got that case resolved with the help of the parties (well, they did all the work). Judging/arbitrating, lawyering and mediating are 3 distincly different skills and being good (or even great) at one does not make you good at another. Great lawyers often disagree with each other on the law -- so who is "right"?. Judges are only "right" because they have been given that authority. And they are often proven wrong on appeal. If judges are always right, why do appellate and supreme courts exist? Lawsuits and arbitrations solve A problem, but often not THE problem. Mediation can solve THE problem. Lawyers too often aim to solve the problem their clients tells them about, the problem they are suing over; not the underlying problem that caused the suit in the first place. Early in my mediation training, I was co-mediating a case in NYC small claims court between a medical equipment company and a dentist over an unpaid bill (with defenses of poor services, defective product, etc.). The dentist’s husband was a lawyer.

After going through my opening statement which explained all about mediation and how we weren’t judges, after the plaintiff’s opening statements, the lawyer-husband blurted out “I OBJECT!” while slamming his fist on the table. I calmly reminded him that this wasn’t a legal proceeding where objecting was appropriate, but a guided conversation and negotiation, and if he wanted to state something he was free to do so. He calmed down after that. We eventually got that case resolved with the help of the parties (well, they did all the work).

Judging/arbitrating, lawyering and mediating are 3 distincly different skills and being good (or even great) at one does not make you good at another. Great lawyers often disagree with each other on the law — so who is “right”?. Judges are only “right” because they have been given that authority. And they are often proven wrong on appeal. If judges are always right, why do appellate and supreme courts exist?

Lawsuits and arbitrations solve A problem, but often not THE problem. Mediation can solve THE problem. Lawyers too often aim to solve the problem their clients tells them about, the problem they are suing over; not the underlying problem that caused the suit in the first place.

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