The Disputed Truth

Commercial mediation often ends in a compromise. There is no doubt that Alternative Dispute Resolution is a very successful tool, but the parties don't always get what they want. It's very important for all concerned to focus on total outcomes and not just the numbers. Far too often the emphasis is placed on how much monetary benefit can be achieved.

Although financial goals are very important to any negotiation, it is equally important to look at "life after" a hard-fought settlement agreement. Whether the agreed upon settlement is the result of an injury, breach of contract, business dispute or an insurance claim dispute; the real work is just begun.

The parties will still live with the after effects of the decisions made during and after the settlement. If the thought of going through a very difficult and expensive court battle keeps you up at night; then imagine the sleepless nights you're going to have if you miss the primary benefit of an "amicable" mediated settlement that has lasting value and benefit! So much more is valued and achieved when parties look at life from a post settlement perspective.

During my many years hearing all types of civil cases in both pretrial and court ordered cases; I have always attempted to "inspire" the parties to be more creative in reaching a global settlement that pays dividends well into the future. Successful mediations are not always about how much money one can get, but about how much more of the newly realized quality of life can be enjoyed long after the settlement agreement! Now that's the "Disputed Truth" of the matter.

By Daniel Baldwin, Mediator/Arbitrator/Adjuster with Baldwin & Associates LLC. He can be reached via email at [email protected]