Mediators Playing the Devil ’s Advocate
Devil’s Advocate is one of the roles of a mediator. A good mediator such as myself, does not forfeit his personal opinions simply because he serves as a neutral facilitator. These opinions and preconceptions can help inform certain beliefs. However, a strong mediator knows how to view a case from multiple angles. This is an important quality to possess as it helps provide a counter point to a party or attorney’s one-sided approach.
A Strong Mediator
A strong mediator gives consideration to the strengths and weaknesses of both sides. When in a private caucus with one side, the mediator may mention a potential weakness in this side’s argument. He may even ask the party what his or her argument would be if he or she was on the other side. He or she may get the attorney to contemplate the same scenario and ask for facts and legal theories that would support the other side.
By recognizing the strengths of the other side and the weaknesses of their own side, parties can start to contemplate the potential of what would happen if they lose. This can often inspire them to fully participate in negotiations so that they can avoid the possibility of losing the case or facing other adverse effects.
Mediator is a “sounding board” for your arguments, and for offers/counter offers. I can deal with the hypotheticals and be a “coach”, to deliver bad news and explain opponents’ responses to offers. I, as a strong mediator give you an opportunity to explain the case to a neutral person help you and your attorney evaluate your case. Finally, a good mediator helps identify components of solutions from your stand point and delivers bad news to both sides.
For an experienced Mediator to help negotiate a resolution to your dispute contact Ken Strongman. Here.
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.
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