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Integrity and the Mediation Process

May252012
Mediation

As with most aspects relating to the practice of law, there are many traits that differentiate one legal professional from another.  For example, successful litigators can be aggressive or soft-spoken. Mediators can be pushy or patient. The key is to finding what works for you and your practice. As a former litigator turned mediator, I have witnessed that characteristics such as patience, creativity, perseverance promote a resolution that makes all parties happy.  Regardless of a mediator’s personality type, I have noticed one trait that consistently tops the list from both clients and mediators as being a key ingredient to success… Integrity.

Integrity as a mediator means follow-through in word and action. If I say I will do something during the course of the mediation, I will do it. The parties can trust that I will keep my word, thereby ensuring that at least one aspect of the mediation process will be a smooth one. We have all been in the midst of a negotiation where we cannot be certain of what is the truth and what is not — and it is not a satisfying or comforting experience, nor one I intend to produce during my mediations.

Author John C. Maxwell writes in his book Developing the Leader Within You that developing integrity requires self-discipline, inner trust, and a decision to be honest.  As a mediator, if I state that I will maintain something in confidence, the parties involved can be certain that I will maintain the confidence; absent the permission to disclose the privileged information.
A recent survey of 50 attorneys showed that integrity was the most important quality that attorneys look for in a mediator.  As a mediator, it is my goal to build trust with the parties in order to effectively facilitate a resolution.  After all, as John Maxwell indicates, integrity builds trust and has “high influence value.” What better way to reach a settlement than through a mediation built on integrity and trust.

Bruce A. Friedman is a mediator with a national practice. With years of litigation experience behind him, he understands the goals of the mediation process and will do his best to ensure that the needs of both parties are met, justly and efficiently. For more information on the mediation services that Bruce A. Friedman provides, check out his website at <http://www.FriedmanMediation.com>http://www.FriedmanMediation.com, his profile at ADRServices.org<http://ADRServices.org>, or call him at (310) 201-0010.


Category: MediationBy bfriedmanMay 25, 2012
Tags: californiamediationmediator

Author: bfriedman

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Testimonials
  • [Bruce] knows when to talk, when to listen, and how to work the room.”

    James Thompson
    JPT Legal
  • Bruce took time to point out parts of each side’s case that could be made stronger and parts that could be deemphasized or omitted. Bottom line: the client came out of the exercise with a more focused case and better able to advance its positions. Bruce was superb.

    Ellis Mirsky
    The Network of Trial Lawyers
  • Bruce was prepared and understood the issues and the practical aspects of the cases. I really appreciated Bruce’s efforts in continuing to work with me and opposing counsel and his perseverance in settling the case.

    Frederick S. Reisz
    Meyers McConnell
  • I have known Bruce for years and highly recommend him. As a native New Yorker, he will be hearing significant matters in NYC as well as in L.A.

    Jeffrey Kravtiz
    Fox Rothschild
  • Bruce’s willingness to continue to follow up with both sides to settle the matter and his efforts in speaking directly with the clients to explain the issues and possible outcomes should the case proceed to trial were invaluable.

    P. Garrell
    Liner Law Firm
  • From the outset of the mediation, it was clear that Bruce understood the case and structure of a class action settlement. He was effective in his discussion of the issues in the case and made many helpful and constructive suggestions with respect to the negotiating process and the settlement terms.

    Tim Blood
    Blood, Hurst & O'Reardon LLP
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