In this very thought provoking piece, Mark Baer, succinctly laid out the case for mediation over litigation. In the article, Mark makes the case that at the crux of most cases is the issue of trust. Having a trusted, unbiased party, that can provide a judgment in a non-binding manner, can be very helpful in not only settling intractable positions, but can potentially keep deals together that are in danger of falling apart. In summation, Mark Baer, espouses the value of mediators allowing parties to have civil and productive discourse without the combative nature of true litigation.
- In conflict, many people give up and take themselves out the process of mediation too quickly.
- Many of our natural instincts in conflict are adversarial and negative rather than productive and positive.
- Mediation tends to be more economic, stresses opposing parties less, and more efficient than litigation or other methods of ending an argument.
“For what it’s worth, regardless of what I say and what type of information I provide, I rarely hear back from those individuals whose responses numbed me long ago.”