What is Mediation? Mediation is like bringing in a skilled referee to help settle a heated match without anyone getting a red card. It’s a voluntary process where a neutral third party, known as a mediator (not referee!), guides conflicting parties through discussions to find common ground and reach mutually agreeable solutions. Unlike court battles where winners and losers are declared, mediation focuses on collaboration and understanding. It’s about fostering open dialogue, exploring options, and crafting resolutions that work for everyone involved. This approach not only saves time and money but also preserves relationships and promotes a sense of empowerment among the parties.

What about Convening for Mediation? Once a party approaches a mediator to initiate mediation, the battle of “Convening” begins. Convening involves the mediator meeting with each person who will participate in the mediation process, seeking their consent to proceed. It’s a crucial step where mediators often encounter initial resistance. Some parties may hesitate to say yes, unsure of what mediation entails or hesitant to engage in a process that feels unfamiliar.

Interestingly, even if a party agrees to mediation, their individual lawyer might advise against it. In the legal world, where battles are often waged in courtrooms, agreeing to mediation can sometimes be seen as conceding ground. Lawyers, trained to advocate fiercely for their clients, may prefer the adversarial nature of litigation, where winning outright is often the goal.

Despite these challenges, skilled mediators navigate this tiptoe with finesse. They explain the benefits of mediation—such as confidentiality, control over outcomes, and faster resolution times—while addressing concerns and misconceptions. This helps parties and their advisors see that mediation isn’t about giving in but rather about finding common ground and crafting solutions that both sides can agree upon.

But. This entire Convening process reminds me of this game Tic-Tac-Toe! Read further to learn why and how….

Imagine this: you’re smack dab in the middle of a dispute, feeling like you’re playing a never-ending game of Tic-Tac-Toe. Just when you think you’re about to win, bam! Back to square one. Getting parties to agree to mediation can feel just like that—each move counts, and the outcome is uncertain until the very end. But fear not, because mediators and the mediation lawyers are here to skillfully navigate this yes-no dance and get everyone on board.

Setting Up the Game: The mediation process doesn’t start at the table—it begins with getting everyone to agree to play in the first place. It’s like setting up a Tic-Tac-Toe board where both sides are cautiously eyeing each other, unsure if they’re ready to make the first move. Will it be a “yes” to start resolving things amicably, or a “no” to keep duking it out?

Breaking the (First) Ice: In Tic-Tac-Toe, the first move is crucial. Similarly, mediators and mediation lawyers play a critical role in making the initial approach. They explain the benefits of mediation—confidentiality, control over the outcome, and often, a faster resolution than court proceedings. This is like taking the center square in Tic-Tac-Toe, aiming to set a positive tone for what’s to come.

Yes, No, Maybe So: As discussions about mediation continue, there’s often a lot of back-and-forth. One party may be ready to agree, while the other is hesitant. This is the classic see-saw of yes-no-maybe so, much like the moves in Tic-Tac-Toe that can swing the game in any direction. Mediators with the help of Mediation lawyers are adept at handling this uncertainty. They listen to concerns, address doubts, and highlight the collaborative nature of mediation. This see-sawing is a normal part of the process, helping both sides understand the potential benefits and drawbacks.

Beware: Individual lawyers, on the other hand, might not always be as enthusiastic about mediation. For some, the courtroom is their battlefield, and a drawn-out legal battle could seem more appealing. Lawyers are trained to win, and sometimes, mediation might feel like compromising.

However, this is where mediation lawyers can make a difference. They can bridge the gap between the legal mindset and the collaborative spirit of mediation. By showing how mediation can be beneficial even for the lawyers’ clients, they help shift the perspective from confrontation to resolution.

Turning the Tide: Slowly but surely, the tide turns. At some point, the tide begins to turn. With skilled mediation lawyers facilitating the Convening process for their parties, parties start to see the potential for a positive outcome. The “yes” starts to outweigh the “no,” and the path to beginning mediation becomes clearer. It’s like finding that strategic move in Tic-Tac-Toe that changes the game’s dynamic.

The Power of Positive Mediation Lawyer (Counsel): So, before the actual mediation begins, there’s a critical phase where consent is sought. Mediation lawyers play a pivotal role in this phase, guiding parties through the yes-no dance with patience and expertise. Unlike individual lawyers who might be more inclined towards courtroom battles, mediation lawyers focus on creating a collaborative environment where both parties feel heard and valued.

Remember, just like in Tic-Tac-Toe, every move in the consent process counts. With the right approach and a positive attitude, mediation lawyers can help both parties see the value of sitting down and working things out—leading to a win-win situation even before the game officially starts.

So, next time you’re in a deadlock dispute, consider the mediation game—it might just be the winning strategy you need! 🙂

Thank you for reading. I hope you can relate, even a little bit. Do share your reflective thoughts and experiences in facilitating the Convening to begin mediation!

Thank you,