Racing at the highest levels isn’t won on speed alone. It’s won on preparation, strategy, communication, and the ability to keep making good decisions when the race stops going according to plan. Mediation works the same way.
The difference between a mediator who moves cases forward and one who simply occupies a room is not effort. It’s the quality of preparation, the depth of engagement, and the willingness to keep working the problem when the obvious approaches have failed. Most cases that don’t settle don’t fail because the gap was too wide. They fail because someone stopped working.
Michael’s approach to every mediation is built on four commitments: Preparation, Teamwork, Understanding and Follow Through:
Preparation
It’s more than just reading submitted materials, though that alone seems too much for some mediators. It’s understanding the law. It’s knowing the tendencies of the judge and the lawyers on the case. And, it’s doing everything possible in advance to help the parties get off the line as quickly as possible once mediation starts.
Teamwork
Mediators are neutral to the dispute, but that doesn’t mean they are not your teammate. Michael believes that understanding the lawyer’s needs and their client’s goals goes a long way to facilitating a solution to their case. Toward that end, Michael makes a point to meet with counsel before each mediation to understand the complexities and unique bumps in their case.
Understanding
Litigants are complex – whether individual or entity. Listening, really listening, and asking great questions facilitates the trust necessary to really work with a mediator as a teammate to determine whether resolution or trial is the best path leading out of mediation. Asking penetrating questions and truly listening are rare skills Michael hones day in and out to help litigants be heard, which often opens the door to a discussion about resolution.
Follow Through
For any of a million reasons, the best path forward sometimes doesn’t reveal itself in a single mediation session. Many mediators take that as a license to move on. Michael doesn’t see it that way and will work the problem until the right path forward is clear even if it happens once the session is over.