Posted: Friday, 4 January 2019 @ 13:43
Mediation is no panacea but The Salt Lake Tribune (of all things) has an example of how a good mediator can do the business in even the most complex disputes.
As this article shows, a mediator was able to engineer a mediated settlement in a very difficult matter.
43 lawyers were packed into a hotel conference room last November.
And that was just the defendants' legal corps in three wrongful-death and personal-injury civil lawsuits triggered by the 2007 American Crandall Canyon mine disaster.
Little wonder that this initial meeting engendered little optimism that mediator Paul Felt could help forge an out-of-court settlement of a complex case involving two distinct mine implosions, 16 different groups of family plaintiffs, seven defendants (two of which are publicly owned), six primary insurance companies, more secondary insurers and four employers, including the federal government.
But on 12 May 2009, lawyers for both sides announced a settlement had been reached.
Some of the reasons for settlement included which replay in all mediations:
1 Risk Analysis. To all parties, the mediator offered a "risk analysis," describing what he "saw in store for them if they didn't settle." This helps the parties structure their case.
2 The mediator's perspective carried weight. Not only was he an experienced mediator, but the mediator's background with In othere words the mediator had a legal background and was familar with all the releveant issues.
3 The mediator asked tough questions but nicely. As said lawyer, Ed Havas, one of the lead attorneys for the plaintiffs: "A good mediator knows how to keep the parties at the table. ... He has to be able to ask the hard questions and point out the difficult issues that need pointing out without offending anybody or causing anyone to take umbrage or feel the mediator has adopted an adversarial position."
Justin Patten, Mediator