MY VIEWS ON MEDIATION:

Mediation is one of the greatest inventions since sliced bread, and probably even before, because it helps many lawsuits to settle, fairly and cost effectively.

COMPROMISE vs. COLLABORATE:

Parties often start out viewing settlement negotiations as a "zero-sum game", to be won or lost by staking out their respective positions. That view is often ultimately self-defeating, so that any settlement, may leave each party with less than their perceived fair "half the pie".

Settlement does not have to be that way. Using"collaborative" mediation, I help the parties to focus beyond immediate positions, to work together and discover mutual, overlapping interests and mutual priorities that dovetail together. I can help the parties begin to "own" and create their own solution, as they begin to understand that they can create a "bigger pie" for everyone, so that each can meet more of their real interests.

MEDIATION STYLE:

Some mediators may favor one particular style over another, such as:

-Facilitative: listening, aiding perception, creating a new conversation;

-Evaluative: helping the parties understand the case value from the outside;

-Transformative: helping the parties to overcome broader underlying issues.

I prefer to bring all these styles to the table, to use when and where needed, as the parties go through various stages throughout the mediation process. This means listening and responding with the style(s) that fit the parties’ dynamics as they transition through these stages in the process.

USE OF PRE-MEDIATION QUESTIONNAIRE FORM:

Some top mediators, such as Ron Kelly, who taught me mediation at Berkeley, have started a trend of asking the parties to fill out a questionnaire form to in advance of the mediation. I prefer this practice as well. It helps the individual parties to focus, not just on their positions, but on their overall interests, and to begin to view the dispute from the point of view of the other side(s). I have adapted this process to HOA disputes, to help the lay parties to see a broader picture, both as to themselves and for the dispute as a whole. I have adapted this and other materials from Ron’s copyrighted forms, tailoring the Questionnaire to better address an HOA setting.  Contact Ron and view his original version on his Website: <<http://www.RonKelly.com>>