Alternative Dispute Resolution...

[UtahDan]

Originally Posted by Archaea

It is very difficult for parties to discern truth from reality. A disinterested third party can effectively communicate who looks like the loser to that party. This is very effective.

Exactly. You need a third party (and the group we use is 100% retired judges) who can look right at your client and the other guy's client and say "here is the likely outcome."

People hear what they want to hear, get emotionally invested and for any number of reasons don't want to do what is rational. I would bet that you would agree with me that unrealistic client expectations (despite counsel's best efforts to shape them) are a much bigger obstacle to settlement than unreasonable opposing counsel ever is.

[DirtyHippieUTE]

Originally Posted by UtahDan

Exactly. You need a third party (and the group we use is 100% retired judges) who can look right at your client and the other guy's client and say "here is the likely outcome."

ROFLMAO we just did a little "practice" mediation. The guy who is here for CLE who has done this in real life pretty much said that to one of the parties. It just about blew the instructor's mind. She thought that was WAY out of line.

Apparently there's a pretty huge gap between theory and practice...

I'm beginning to feel that this class might not be that helpful....

[creekster]

Originally Posted by DirtyHippieUTE

ROFLMAO we just did a little "practice" mediation. The guy who is here for CLE who has done this in real life pretty much said that to one of the parties. It just about blew the instructor's mind. She thought that was WAY out of line.

Apparently there's a pretty huge gap between theory and practice...

I'm beginning to feel that this class might not be that helpful....

The class will probabyl be helpful becaseu it will show you one window into the process. There are as many ways to be successful as a mediator as there are successful mediators. Some guys are jerks, others are very nice to everyone, others turn it on and off instanly, but all of them have the ability to enucleate the key issues from all the crap and to find the weak spots. The good ones all read people very well and know how to use such insight to help them move the particoants' posiitons. I am skeptical that one can learn how to be a great mediator; I think it is a born skill.

(one can probabyl improve one's mediator abilities, but most likely only within a range of endowed talent; the truly great ones have skills that just can't be taught, IMO).

[DirtyHippieUTE]

Originally Posted by creekster

I am skeptical that one can learn how to be a great mediator; I think it is a born skill.

Perhaps I will be "THE ONE."

Is there a sword I can pull out of a rock or something to check... If I can be a mediator and not have to finish law school, that would be spiffy.

[creekster]

Originally Posted by DirtyHippieUTE

Perhaps I will be "THE ONE."

Is there a sword I can pull out of a rock or something to check... If I can be a mediator and not have to finish law school, that would be spiffy.

Only the sword of results from the stone of experience. How was that?

But seriously, ladies and germs, stay in school. THen either work real hard for 25 years while donating a lot of cash ot the party that will be in power in your state when the 25 years is up and then get yourself appointed as a judge and then 5-10 years later retire and charge exhorbitant fees whether you are any good ro not as a mediator, or hook-up with a private mediator/special master now, right out of school, or practice for a few years after svhool and then gradually start taking acses, such as through a bar referral program or through triple AAA or some such, until you figure out if you are nay good or not.

Notice, all of these options involve finsihing school, which you should do no matter what, IMO.

[Archaea]

My father is a nationally known mediator.

He was in private practice for 24 years, 14 years as a judge, tried in private practice 120 jury trials, and as a judge hundreds more.

He is brilliant and capable, and now has settled billions in claims. I have watched his practices as a mediator and used others. All others I have seen are horrible and I have not found another good one yet. It sounds like homerism.

[creekster]

Originally Posted by Archaea

My father is a nationally known mediator.

He was in private practice for 24 years, 14 years as a judge, tried in private practice 120 jury trials, and as a judge hundreds more.

He is brilliant and capable, and now has settled billions in claims. I have watched his practices as a mediator and used others. All others I have seen are horrible and I have not found another good one yet. It sounds like homerism.

Your father is wise indeed as he followed my first recipe almost exactly (although he stayed on as a judge a little too long).

SO, do you agree that the great mediators are born that way to large degree, or do you think it is a function of experience?

[DrumNFeather]

Originally Posted by DirtyHippieUTE

ROFLMAO we just did a little "practice" mediation. The guy who is here for CLE who has done this in real life pretty much said that to one of the parties. It just about blew the instructor's mind. She thought that was WAY out of line.

Apparently there's a pretty huge gap between theory and practice...

I'm beginning to feel that this class might not be that helpful....

The class might be helpful if for nothing else, to give you an understanding of what a client would likely hear in a mediation. Knowing this might better help you to point them in that direction or another.

I took a few Communications Law classes my senior year, and my professor at the U noted that alot of lawyers are retiring from their practices to do mediation full time because it is becoming more and more lucrative.