Litigation Exit Doors

Past Present Future

Mediation should provide parties new paths toward resolution.

One approach I find very effective is explaining the differences between litigation and mediation this way:  Litigation and mediation are polar opposite approaches to ending a conflict.  Litigation is entirely focused on the past – what happened.  Mediation is about present and future circumstances.

One you have no control over.  One you do. 

I regularly see parties in negotiations suddenly able to make progress when I ask them to consider how an offer strikes them when viewed with a forward focus – whether it enhances their present and future circumstances more than remaining in litigation does.

Helping them look in another direction (away from the past and associated comparisons of case strengths/weaknesses, risks/benefits, right/wrong, etc.) shows them there’s a different kind of analysis available, and sheds light on new litigation exit doors.

About Maria Hanna Joseph

Maria Hanna Joseph, principal of Joseph Mediation, is an Attorney-Mediator who is highly regarded for her experience and ability to resolve employment, workplace and organizational disputes. She has served more than 2,000 matters over her 20 years as a mediator and her 29 year employment law career. With care, expedience and economy, Maria helps attorneys and parties achieve settlement in nearly every mediation. Moreover, her pragmatism and perseverance bring about purposeful settlements; products of Maria's insight and creativity, gained by her depth of experience and training. These qualities, along with her demeanor and the trust she engenders, have earned Maria a reputation for being able to manage extremely challenging circumstances and settle a wide variety of cases. Maria is available to provide services in-person or virtually (utilizing teleconference and desk-top videoconference resources) throughout Massachusetts, New England and the U.S.
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