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In the 1990s, I attended a mediation with my late mentor, Marshall Grossman.
The mediator was a beloved retired state court judge.
This mediator entered our room and sat down, reddened face, bulging veins. He wagged his finger, told us our case was “full of s#!t” and parroted a few words from our counterparties’ brief.
Satisfied with his performance, His Honor left the room.
Marshall then looked at our client and calmly advised: “He says that to everybody.”
That’s all it took. Five words. This mediator’s credibility and effectiveness were shot.
While I obviously don’t think this model of mediation is effective, I acknowledge that its practitioners are still in considerable demand.
Plenty of mediators will twist arms, bang heads, sling F-bombs, and wag their fingers to “make you understand.” If you savor putting your clients on the receiving end of that sort of treatment, bless your heart.
But maybe, just maybe, you want something different.
I offer an alternative. Not only more civilized, but more effective as well. A battle-tested system of curated conversations to help your clients make clear, strong decisions in a calm, informed environment.
No bullying, no berating, no brow-beating. If it’s force you crave, though, don’t worry. There’s still plenty of force to go around. The force of logic, that is.
Is it possible to get cases settled without all the drama? Of course. If not, I never could have succeeded in the hyper-competitive mediation marketplace for almost 30 years.
And, my approach generates additional benefits: Client satisfaction with the result; with the process; and with your performance as lawyers along the way.
I know, what I offer isn’t right for every lawyer or every case. But, if you’re nodding your head, if you’re smiling, if it’s making you think… Let’s talk.
jk@jeffkichaven.com 888-425-2520 http://www.jeffkichaven.com/
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