Mediation: The Best Way to Have Your Day in Court

Thu, May 28th, 2020 | by Miles Mediation and Arbitration | News | Social Share

The promise of mediation lies in its ability to give individuals an opportunity to share their stories.

The power of mediation lies in its ability to offer individuals both justice and resolution. For Shuli Green, the promise and power of mediation offer litigants the best way to have their day in court. 

Shuli cites a variety of reasons why individuals may opt for mediation, including:

• To avoid the expense and uncertainty of a trial
• To learn valuable information about the other side’s case and get a sense of what kind of settlement offers might be on the table
• To control the narrative of their experience
• To educate the opposing side about the most important aspects of their case

Shuli is acutely aware that achieving resolution is about more than just agreeing to a financial settlement; it’s about satisfaction with the outcome as well as the experience of the mediation process. 

“If a party feels that they’ve been strong-armed into a settlement or the mediator’s berating them the entire time, they will walk away from the mediation with a bad taste in their mouth.”

This nuance profoundly affects the party’s perception of the efficacy of the process itself. 

Shuli sees the broader promise of mediation as offering litigants a better way forward: 

“[A] real day in court may be nothing like you expect. Clients may think they’ll have a chance to get on the stand and connect with a jury of their peers. Oftentimes, jurors don’t see the case the same way, or they are confused or misled by conflicting expert testimony or undue sympathy for one party over another.  Sometimes they just don’t view the injury the same way.  Also, it’s difficult to tell your story the way you want when you are under intense cross-examination by a skilled trial lawyer.  With mediation, even if the other side is not listening, the mediator is.  The mediator can help the other side consider the case from another perspective.”

The Truth Sits Somewhere In Between

Few cases are black and white.  The truth generally lies somewhere in between.  The middle is a useful position for a Neutral to maintain. Not only does it allow for flexibility in approach and mediation style, but it also acknowledges the reality that part of the process of mediation is to try and help each side understand and acknowledge the issues that are motivating the other.  Even if the parties do not agree, acknowledging the strengths and weaknesses of both sides brings the case a step closer to resolution.   

The ability to offer some emotional closure is what makes mediation genuinely satisfying. Litigation, by its very nature, doesn’t lend itself to considering an alternative viewpoint because both sides are zealously trying to prove their case. In mediation, however, the setting is more relaxed. The mediator can maintain objectivity and avoid the hostile atmosphere of litigation.  There are no “winners” or “losers.”

As a neutral, Shuli maintains a fluid approach, preferring to allow the facts and the parties to guide her in determining the most effective strategy to secure a resolution. This flexibility allows the parties to consider a wide range of “settlement outcomes” — because every case is different. 

Have Your Day in Court

Shuli’s experience as a practicing attorney and mediator has taught her that not every resolution is created equal. While litigation guarantees only a resolution, mediation offers both resolution and control of one’s destiny. In Shuli’s opinion, that makes mediation the best way to have your day in court. 

ABOUT SHULI GREEN

Shuli Green mediates complex disputes in areas of  business litigation, contract disputes, personal injury,  premises liability, construction defense, medical negligence, and products liability.