Still a Beneficial Tool, Mediation Process Is Not Perfect


South Carolina Construction Defect Law by Clay Olson

In 2001 I mediated my first case as a young lawyer with just enough knowledge to be dangerous…..to myself most likely. Over the past 14 years I have observed the process and it’s uncanny ability to resolve the previously unresolvable. Lately I have noticed the indirect, less tangible benefits. That said, a review of the past 15 years leaves me with a few criticisms.

Mediation

The legal definition of mediation is as follows:

“A settlement of a dispute or controversy by setting up an independent person between two contending parties in order to aid them in the settlement of their disagreement.”

That independent person, the mediator, is typically a lawyer removed from the parties and case prior to mediation. He or she wears many hats during the process. One should be a capable listener who possesses other qualities such as man management, a calm demeanor, and the ability to remain…

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