does arbitrating make you a better mediator?

absolutely! i was not sure that it would when i started getting involved in decision making but it really has.

one form of mediation is known as "evaluative mediation". the mediator still does not impose any outcomes on the parties but is able to help parties reality test (typically not in the presence of others involved in a conflict). if desired, i can offer an assessment of likely outcomes + hurdles should mediation fail.

my work as an arbitrator helps me inform parties about what they can expect if their dispute proceeds to arbitration + helps me to better identify challenges along with plausible outcomes if they go that route.

i find that this helps my clients assess if settlement options in mediation are worthwhile. i do not give legal advice or tell people what to do but my arbitration lens allows me to offer a deeper perspective to my clients in mediation.

 

 

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