Every month, the neutrals at Judicate West gather on Zoom for what we call our “Mediation Forum,” where we discuss a variety of topics, brainstorm and share tips and insights with one another. Several months ago, toward the end of the hour-long session, the following question was posed (which I paraphrase): “Who is ‘the client’ in mediation?” Is it the parties? Is it the attorneys who retain our services? Is it ‘the settlement’ we’re hired to help the parties negotiate?”
I thought the question deserved more than a cursory discussion and we were just about out of time, so I suggested postponing the discussion until another meeting. The next time we convened, I was the first one to share my thoughts — and my response led to a lively discussion for the next hour.
I took the position that our “client” was “none of the above,” but rather “the mediation process itself” and that we do our best work when we focus our attention on faithfully “serving the process.”
Conceptually, mediation is a process grounded in the principle of self-determination — the parties make their own decisions, for better or for worse, after obtaining and considering the information each needs in order to make the decision they believe to be best for themselves.
In my opinion, the mediation process serves two principal functions. First, the process must enable each party to ascertain their best alternative to further litigation. Second, the process must provide each party with the information they need to understand and evaluate every other party’s position. Only then can each party make a fully-informed decision for themselves.
As mediator, I consider it my solemn responsibility to design and conduct the mediation process so that it serves those dual objectives — whether or not the mediation leads to a resolution that day. My sole goal is to empower each party — with the input and advice of their counsel — to make the decision that they believe is in their best interest, whether or not I would make the same decision.
I am convinced I am at my best as a mediator when I train my sights solely on serving the process, not on achieving a particular outcome. And when I faithfully serve the mediation process, I’ve found that the mediation process better serves everyone involved.
As always, it would be my pleasure to assist you and your clients in the dispute resolution process. Please don’t hesitate to contact me if I can be of service.
Best regards,
Floyd J. Siegal