This is especially important in family law mediation where parties are encouraged to make their own decisions and develop a working relationship that will enable them to parent their children effectively after the final decree is entered. I strongly believe that mediation is good for the profession. One of the problems we endure is the negative public perception about the litigation process. It is costly, time consuming and its adversarial nature is unsettling. While as attorneys we understand and embrace the zealous representation of our clients, adverse parties are not always as understanding.
Trial lawyers love the challenge of a hard fought jury trial.
Few. if any, of our clients come away from the experience with such positive feelings. Mediation offers attorneys the opportunity to continue to be advocates for their clients but act more as peacemakers than warriors. One of the reasons that mediation is so successful is because the talents and energies of the attorneys involved is directed towards finding a solution to a problem rather than simply advocating a client's position. There is a momentum that develops towards problem solving and resolution. It is a particularly rewarding experience for attorneys who serve as mediators to help parties fashion a creative and mutually acceptable resolution to difficult problems.