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Is it really “clear”?

The anonymous “NJmediator” writes today,

“Clearly, as a mediator, I cannot believe that legal confrontation will lead to the best outcome, for either party.”

Is it really that clear?  Does being a mediator permanently and mutually exclude you from believing that sometimes, a “legal confrontation” is both necessary and essential to reaching the “best outcome”?

As a mediator, I believe that many (and possibly, the vast majority of) cases could be better resolved by communication, cooperation, and compromise. But I also understand the need for the adversarial legal system. Sometimes a party must fight to protect their legal rights. Sometimes compromise does not satisfy a party’s needs.

I understand njmediator’s sentiment, and it would appear from perusing the site that this opinion stems from njmediator’s family law focus; but I am not certain that I can make that jump that all litigation is bad and all mediation is good.

19 Feb 09 | Blogroll, Deep Thoughts, Mediation

2 Responses to “Is it really “clear”?”

  1. Marvin Schuldiner | February 20th, 2009 at 12:23 am

    While I am a NJ mediator, I am NOT the one referred to above. I always tell my clients that settling in mediation eliminates risk. I also tell them if they think they will do better in court than in a mediated settlement, they should go to court. That would be in their best interest.

    George Washington once said that war is sometimes the best way to maintain the peace. Sometimes, litigation is what clients need. Litigation is also an ALTERNATIVE dispute resolution to war.

  2. Mediation Channel » Mediating between law and mediation: time for both sides to declare a cease-fire | February 22nd, 2009 at 12:06 pm

    [...] however, all too often show a similar disdain for litigation, as fellow blogger and mediator Chris Annunziata pointed out just like week, forgetting that the “alternative” in “alternative dispute resolution” [...]

©2007-08 Christopher K. Annunziata Legal Disclaimer: The material on this blog is provided for informational purposes only. It should not be construed as legal advice or as creating an attorney-client relationship. If you have a legal question, please consult a licensed attorney in your state.

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