Manage Expectations in Mediation
Minneapolis attorney and meditator Perry Sekus is committed to helping people resolve even the most complex disputes through mediation. He recognizes that a successful settlement depends on helping litigants understand the mediation process. Likewise, a good mediator must manage the expectations of litigants.
There is very good research that focuses on what assumptions litigants have about the legal system. For instance, Professor Donna Shestowsky at the University of California, Davis, School of Law has focused her research on these assumptions. She also has explored ways the legal system might be improved.
Ms. Shestowsky recently conducted empirical studies of litigants’ perceptions about dispute resolution processes. CPR’s Alternatives to the High Cost of Litigation magazine just published an article summarizing her study about parties’ expectations about the process used to resolve their cases: Why Client Expectations of Legal Procedures Must Be Managed to Achieve Settlement Satisfaction, 40 Alternatives to the High Cost of Litigation 105 (July/August, 2022).
Not surprisingly, but certainly confirming, are three of her findings:
1. Clients should be educated by lawyers about their procedural options:
“Effective education and managing client expectations might lead to the formation of attitudes that reflect realistic expectations, and, in turn, lead to post-resolution assessments that reflect early impressions.”
2. Mediation can be tailored to fit the unique needs and interests of clients:
“Depending on their skill and circumstances of the case, lawyers might be able to fashion the process of settlement procedures such as negotiation and mediation in ways that fit their clients’ interests and needs, which might make frustrated expectations less likely.”
3. Though the mediation or settlement process can be difficult and stressful, clients, in hindsight, rate the process favorably:
“Clients might benefit from learning that litigants tended to rate their settlement procedure favorably ex post, in regard to both fairness and satisfaction, regardless of how much they liked that settlement procedure initially. Such information might help them overcome resistance to the idea of using settlement procedures.”
When choosing a mediator, make sure you have a full understanding of how the mediator will educate you, explore your specific needs and interests, and help you navigate what can often times feel like a difficult process.
A good mediator will be sensitive to all these issues, and this will help ensure the process of coming to resolution is streamlined and results in an outcome that you can feel good about.
Contact Sekus Meditation today to learn about how Perry Sekus can help you resolve your dispute through mediation or alternative dispute resolution.