Stephen McKinney Featured in Daily Report's 2018 ADR Special Edition

ATLANTA, September 17, 2018– Stephen McKinney’s article, “The Ghost in the Room: Mediation and the Courts,” published today in the Daily Report’s 2018 ADR Special Edition. The article provides a thought-provoking perspective on what has caused courts to claim a vested interest in both mediations and their outcome. 

 

“Notwithstanding the parties’ need for autonomy in controlling of their own disputes, courts have an entirely legitimate and statutorily mandated oversight and approval role in the resolution of disputes involving parties deemed to be operating at a disadvantage. Perhaps the most common of these disputes are those involving wrongful death and class claims. When mediating this type of dispute, be sure to start with the end in mind. There are any number of creative and useful ways to structure a resolution that optimizes benefits for all parties. However, all will be for naught, along with the energy and sense of occasion that often permits complex disputes to reach resolution in a scheduled arbitration conference, if the parties fail to attend to the likelihood that the resolution will not achieve court approval. The notes above are only a few of the most obvious of the variety of dynamics that exist between courts and parties interested in maintaining control of their disputes by participating in mediation. With preparation, vigilance and attention to the looming judicial presence in the room, mediation advocates can secure the space needed to allow their clients to take control of their disputes, and mediation can continue to be the true alternative it was  originally intended to be.” 

-Excerpt from “The Ghost in the Room: Mediation and the Courts.”