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Mediate with LH, LLC
Mediator Opinions: At times requested, not offered
Even though our opening statement makes it clear that we cannot and will not offer opinions, we are still asked. The closest I will come is to ask whether, having heard the other sides issues and needs, and my having reframed the same for them, they are expressing a willingness to negotiate. The reason I do that is for mediation to be goverend by self determination. I really strive to provide as concise a statement of positions, issues, and needs for both parties based on what they told me. I let the parties decide whether to negotiate or not based on their own assessment of the situation to remain effective in finding common ground.
Leo: There is a mediation process being utilized by mediators that is called evaluative mediation where the mediator listens to both sides presentations and shares his opinion (evaluation) of the case. At the least both parties have to fully agree that they are willing to accept the mediator in this role. (06/16/06)
Leo: Exceptions to Offering Opinions? Limited by time, mediator must be ever attentive of a party opening to negotiate. It can come in many ways. For example, I first meet with both parties for each to state issues/needs. They may appear so far off it seems there is no point going on; send them back for trial? A signal is "aren't you going to talk to us separately"? A bad response is, why? given your opposing positions there's nothing to negotiate. The party may at least be telling me they have a question, maybe an opinion. Commonly, they may simply want to know what's going to happen at trial. Mediator needs to know the process judges use and what they decide. Example, they want evidence to support a claim that leads them to a way to award/deny a money judgment. If you've observed enough cases, is this opinion? (08/02/06)