Using Guided Choice to Increase Satisfaction with the Value of Mediators

In general, Guided Choice is a series of strategies used to provide real measurable value to clients and influence the selection of both lawyers and mediators.  According to Paul M. Lurie, Director of the Guided Choice Mediation Interest Group:

Commercial disputes in the U.S. are typically settled before being litigated or arbitrated. Yet the parties’ lawyers seldom hire mediators at the early stages of a dispute.  Mediators are often viewed as being most useful late in the legal process after the parties have spent time and money on discovery and motion practice and are preparing for a trial that will probably not occur.

In these situations, lawyers assign mediators a limited role:  to hold a “mediation” event at which the parties will either settle or not settle the case.   But in fact, mediators can do much more in preparation for the “mediation” meeting.   They can investigate the issues confidentially and hold informal conversations with the parties, their representatives, and their experts; they can facilitate the exchange of just enough information so that the parties can make a business decision about whether to settle; and they can prepare a customized negotiation plan designed to overcome any factors that might lead to stalemate.

Smart businesspeople ask:  we eventually settle our legal cases, but why are we settling them so late? Businesspeople want to get rid of the disruption and uncertainty caused by a dispute as soon as possible. Clients want to be involved in determining the settlement process.  And they want to avoid expense.  The Guided Choice process helps clients achieve these objectives.  The earlier the mediator gets involved, the earlier the dispute is likely to settle – and to settle on terms that are in the parties’ best interests.

Disputing would like to encourage readers interested in learning more about this emerging area of dispute resolution to check out an American Arbitration Association (“AAA”) Education Services recorded webinar entitled “Using Guided Choice to Increase Satisfaction with the Value of Mediators.”  This 102-minute on-demand course was designed for mediators, outside and in-house counsel, academics, and others with an interest in mediation dynamics.

According to the AAA’s website:

Obtaining a positive result in mediation is important. Getting there in an efficient and expedited fashion is just as important to the business parties for whom effective use of resources is critical.

Since most commercial disputes are eventually settled, businesses want them settled as early as possible, minimizing the disruption and legal expenses of late-stage settlements. During this webinar, a panel of six commercial mediators will show you how the Guided Choice approach to mediation can generate the results you are looking for.

The areas discussed will include the following:

• The best mediators know how to find out, before any settlement negotiation begins, all the possible reasons for stalemate. These may involve not only differing opinions on law and facts, but also the decision making process used by companies and their decision makers. This program will show you what to look for.
• To “settle or not” always involves human behavioral characteristics. The panel will describe the tools you need to determine how positions were developed. These are the keys to understanding what has to happen for those positions to change.
• Advocates require information in order to negotiate effectively. The panel will show you proven techniques to efficiently satisfy those informational needs in expedited fashion.

 

This recorded webinar, available 24/7, includes a PowerPoint which summarizes important points.

Written questions will be answered via email.

Webinar speakers include:

• Paul M. Lurie
• Adrian L. Bastinelli, III
• Paul J. VanOsselaer
• Steve W. Paul
• Denise Madigan
• Karl Bayer
• Michael J. Leech

Registration for the AAA’s Guided Choice webinar is available at a reduced introductory price through April 30, 2016.

Photo credit: Ministerio TIC Colombia via Foter.com / CC BY