Is your business burdened with a nagging issue with a competitor?
Does your neighbor keep encroaching on your land?
Do you have a claim for that slip and fall where you broke your leg?
Then maybe 2017 is the year when you solve your problem, put it behind you, and get on with your life.
But how?
What is the mechanism or the forum where you can get these issues straightened out? I suggest that you try mediation. It can’t hurt; and, if it works, it might be one of the best decisions you ever made.
I serve as the Chair of the Alternate Dispute Resolution Committee of The West Virginia State Bar. Our members are lawyers who dedicate at least part of their time and practice to serving as mediators for other parties.
Mediation is a very simple process. Two parties have a problem. They either won’t talk with each other or, if they do talk, they can’t seem to resolve their issue. This is where the mediator steps in. The mediator is a neutral person who sits down with both parties – either in a joint session with everyone present or talking to the parties individually one at a time – and helps them to come up with a resolution to which everyone can agree.
The mediator’s goals are commitment and clarity. He wants to help the parties to commit to a plan going forward, and he wants the goals to be clear and doable. I can’t commit to giving you a million dollars if I don’t have a million dollars, and a party should not commit to paying some amount – no matter what it is – if he does not have that kind of money.
However, if I am a party, even in a contentious case, I can commit to (a) explaining my position clearly, (b) listening to the other side attentively, and (c) considering suggestions from the mediator that might bring about a fair resolution and some finality to this dispute. So participating in mediation is not a big burden. And, if the end of the day results in a resolution that everyone can accept, the day will have been well spent.
We are very fortunate in West Virginia. We have a whole group of lawyers scattered throughout the state who know what they are doing when it comes to mediation. They are experienced, they are committed, and they want to help.
So if you are a citizen of West Virginia who has a problem with your neighbor or a storekeeper or a driver on the Interstate and you can’t seem to come to resolution about that problem on your own, try mediation. Get in touch with a member of The West Virginia State Bar who is dedicated to serving in a process that does not favor either side but is designed to help the parties get over this bump and get on with their lives.
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© Debra Scudiere 2017
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About the author:
Debra Scudiere is an experienced trial attorney whose practice deals with all areas of civil defense litigation. A large part of her practice is also devoted to alternative dispute resolution, including service to other attorneys and their clients as a mediator and an arbitrator. Ms. Scudiere’s long experience as a mediator has led to her selection to the National Academy of Distinguished Neutrals. For more information, visit Ms. Scudiere’s profile page: https://www.kaycasto.com/attorney/debra-h-scudiere/.