There is NO WIN or LOSE in mediation, only mutually satisfactory or at least
compromise from all sides to a dispute.
After a more than four decade career as a transaction attorney and litigation support counsel, John saw a need for an experienced entertainment transaction attorney with consummate personal skills in the growing field of civil mediation. Seeking training and ultimately Rule 31 (Tennessee) listing as a state bar recognized mediator, John took forty hours of general civil mediation training and then thirty more hours of family law training in order to provide both statutory, personal and professional acceptance in the field.
A mediator is a neutral and neutrality requires the skills and training of one steeped in making deals. There is no win or lose in mediation, only mutually satisfactory or at least mutually acceptable compromise from both or all sides to a dispute. John found in training that the judges he trained with and met were used to “making decisions” and trial attorneys were used to “winning.” A mediator should not make a decision and should not take a position. A mediator to be truly neutral must not judge or advocate.The reward in mediation is a mutually acceptable resolution. The reward in the trial is a win or a loss, fair or unfair. Mediation offers a unique and personal option for each side in a dispute to “have their say,” to be listened to, heard and respected with a slightly guiding hand for both sides to perhaps see the other’s points of view and find a place to meet off the field of battle and engage in a quiet and far less expensive resolution of conflict.