Devil's Advocate

Dynamic Mediation: Unveiling the Devil’s Advocate Role

Devil's Advocate
Devil’s Advocate

Unlocking the intricate layers of mediation, I invite you to delve into the world where the Devil’s Advocate isn’t a foe, but a pivotal force for resolution. Mediation isn’t just about neutrality; it’s a vibrant art of active engagement and strategic perspective. As a seasoned mediator, I am not only to facilitate but to stir conversations that reveal the hidden strengths and potential weaknesses in a dispute, guiding you towards a deeper understanding of negotiation dynamics.

Devil’s Advocate plays a crucial role within mediation, embodying a stance of constructive challenge and active inquiry. As a proficient mediator, I integrate personal insights without compromising neutrality. These insights aren’t hindrances but tools that broaden perspectives. A robust mediator proficiently navigates diverse viewpoints, shedding light on various facets of a case. Assessing both sides’ strengths and weaknesses becomes a hallmark of effective mediation. During private caucuses, I steer discussions, urging parties to contemplate opposing viewpoints, fostering a comprehensive evaluation of their arguments.

A strong mediator doesn’t just point out weaknesses; they facilitate a profound introspection. In these sessions, I encourage attorneys and parties to envision themselves on the opposing side, soliciting factual and legal grounds that support the other party’s position. This exercise serves as a catalyst, provoking contemplation on potential outcomes if one side fails to make a convincing case. The prospect of potential loss becomes a driver, motivating active participation in negotiations to avert adverse consequences.

Mediators act as a ‘sounding board,’ providing a platform to echo arguments, offers, and counteroffers. I don the role of a ‘coach’ to address hypotheticals, deliver tough news, and decipher opponents’ responses to offers. My goal as a strong mediator is to serve as a neutral evaluator, offering you and your attorney a fresh perspective to reevaluate your case comprehensively. Lastly, a proficient mediator not only identifies components for resolution from your standpoint but also delivers necessary tough news to both sides, steering discussions toward viable solutions.

Ready to embark on a mediation journey that unravels hidden potentials and facilitates resolution? Contact me today to experience the power of dynamic mediation firsthand. Your pathway to effective conflict resolution awaits!

About the Author: Ken Strongman is a private commercial mediator/arbitrator of complex, high risk litigated cases since 2004. Disputes addressed include business, securities, construction defects, real estate, intellectual property, employment, environment, energy, and trusts & estates. He is also a Mediator and Arbitrator for FINRA and president of The Mediation Society.

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