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Pastimes : NNBM - SI Branch

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To: elpolvo who wrote (54064)9/13/2006 8:04:49 AM
From: altair19  Read Replies (3) of 104154
 
lepolv86,

I was in a mediation yesterday involving a construction dispute with architects, builders and insurance company. They were all big firms - our little school (my client) hung in there from 8:00 am to 9:30 pm and finally recovered our $400k - I spent $60k in lawyer's fees to get it. This settlement was rounding for most of these firms, but for us it was the difference between breaking even or a loss.

Our conference room did have a view of Boston Harbor, so I watched the ships and planes coming in during the waiting time.

The thing I noticed was in a highly contentious situation, mediation was very effective - I really wanted to rant and throw punches I was so pissed at these people for skating away from a serious problem they should have solved rather than covering their asses. The mediator, calmly and realistically walked us through everthing including what would happen if it ended up in a lawsuit (which I had already planned) - he then did shuttle diplomacy among the parties and we had a deal 11 hours later with all parties moving...some more than others towards what was a realistic settlement.

There's a great deal to be said for working things out no matter how pissed you are at the other parties. I learned something. I really would have preferred a brawl - but this process was so much more effective.

The mediator said a successful outcome to a mediation is when all the parties are dissatisfied with the outcome, but deep down know it was fair and realistic.

New learning experience for me - perhaps a birthday present whose value adds a new perspective to me.

The one thing I know for sure is that I could never be a mediator. This guy was awesome - patient, smart, firm, could synthesize complicated issues, and kept his ego out it. He also knew instinctively when the best deal was on the table.

Anyway, that's how I spent most of my birthday - I did have some chocolate pie with a candle in it with A20 when I got home. All is well at the beginning of my 61st year.

Altair19

Altair19
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