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MEDIATING OTHER DISPUTES BY JACK J. SHAPIRO ATTORNEY AT LAW AND DIVORCE MEDIATOR If a dispute can be litigated, it can be mediated. The only issues are whether sufficient information is available or obtainable to make mediation effective and whether the Parties have the requisite willingness to settle their differences in a more cooperative manner. One of the great benefits of litigation is its ability to extract information necessary for the Parties to make intelligent decisions about their dispute. Attorneys obtain such information through formal court procedures: interrogatories, depositions and just good old dogged investigation. All of this, however, is exceedingly expensive; but having such information is the backbone of dispute settlement in whatever context. In mediation, the Parties should be prepared to share relevant information. Of course, this is sometimes very difficult, particularly if a party has information which is adverse to his position. We can say as a general rule, however, that the probability of settling any dispute is directly dependent on the extent to which information relevant to the dispute is available to the Parties. If the Parties are not willing to share information voluntarily, mediation offers them the opportunity to turn over the information gathering function to an independent and neutral third party, the mediator. Obviously, appropriate ground rules to govern the conduct of such investigation must be agreed to and the mediator must be a competent person to perform the investigation. If, however, the Parties in any dispute are able to solve the "information needs" relevant to their dispute, the chances of successfully mediating the dispute increase dramatically. The benefits are enormous. The cost of dispute settlement is vastly reduced in terms of time and money. Moreover, since the context of the dispute settlement is more cooperative and direct, the Parties are often able to fashion remedies and solutions which are simply not available through litigation. The second requirement of successful mediation is the parties willingness to engage in the process. Such willingness is often motivated by a recognition of the direct and practical benefits mediation provides-the savings of time, money and the ability to have a dispute resolved quickly, efficiently and fairly. One can not impose such a view on any person or business entity. It is there or it is not. As a society, however, we must do everything possible to develop conflict resolution which is fair, efficient and non-adversarial. Common sense tells us that this is a worthwhile goal and I urge all persons reviewing this site to reflect on it. I began by saying that any dispute can be successfully mediated-this is true. From intra-family disputes to complex business disputes, mediation has the potential to be a balm on a bruised relationship. If you or someone you know is involved in a dispute, consider mediation. For further information,please contact: Jack J. Shapiro Attorney and Professional Mediator 5550 Newbury Street Suite A Baltimore, Maryland 21209 410-466-6444 Fax - 410-466-8909 |