Meditate on mediation

Tiffany Farber is a solo practitioner who has been practicing law since 2008. As someone who has been through transition in her career, she understands the challenges lawyers in this situation face.

When I lived in Indiana, I was a mediator.  Let me tell you, I loved it.  I participated in mediations for couples who were divorcing.  Divorce is obviously highly emotional, but I believe that mediation is a good exercise in contentious situations.   Usually, the parties I worked with disagreed about property and parenting time with their children.  My job was, essentially, to keep quiet and move the discussion along when the going got tough, and it did get tough.

It was so fascinating to hear people expressing their feelings.  When you think about it, some clients don’t get much of an opportunity to speak in court because their lawyer acts as a mouthpiece.  Mediation gives parties the chance to be heard.  The concept of mediation is very appealing to many lawyers, especially the ones who would rather not be around litigation.  As someone who enjoys teamwork and helping people to express their feelings, I really loved being a mediator.  I use the skills I learned as a mediator when I’m talking with clients, opposing counsel and judges.

The concept behind mediation is to help clients get to a place where they can agree.  It’s not about winning or losing, rather, it’s about meeting in a place where both parties can live with the agreements that they make.  Don’t get me wrong, some parties won’t even agree to be in the same room with one another.  But, more often than not, the parties come to some sort of arrangement.  I witnessed some amazing things happen.  At the end of the day, I think most parties just wanted to move on with their lives and mediation gave them the opportunity to do that.

Forms of alternative dispute resolution exist for a reason.  Many people prefer them to litigation, including attorneys.  If mediation is something you are interested in, there are many resources out there.  One book I recommend is called “Getting to Yes” by Roger Fisher and William Ury.  I also recommend contacting the Center for Conflict Resolution and learning about how you can volunteer.  Check them out at http://www.ccrchicago.org/.  One of my colleagues volunteers with CCR and loves it.

The most successful attorneys have a wide range of skills and experiences.  Just because an attorney is a stellar trial attorney does not mean he or she is incapable of suggesting mediation to clients.  Many attorneys and retired judges become mediators.  If it’s something you are interested in, read up about the requirements and see what you can do to get some experience.  You can make a positive impact on people’s lives.