By Hon. Angela C. Robinson
With courts re-opening and calling in cases for trial, there is a new window of opportunity to resolve contested matters. With that in mind – parties and attorneys should consider the 3 F’s. Normally, an “F” denotes a failing grade. Normally, an “F” is something to be assiduously avoided. Yet, in the context of mediation, the 3 F’s are what you want. The 3 F’s should guide your selection of the best way to resolve your dispute.
Fairness. First you want a dispute resolution process that is fair for all involved: the parties/disputants, the attorneys and anyone else related to the matter. This seems obvious, but bears repeating and emphasizing. What is fair in the eyes of attorneys may not be what is fair in the eyes of the parties. The ability to see “fairness” through various lenses is one of the things I learned as a Judge and more recently as a diversity, equity and inclusion (DEI) consultant.
Fast. Second, you want a process that can lead to an expeditious resolution. The judicial system is usually slow and ponderous. Alternative Dispute Resolution (ADR) should be much faster and far easier.
Favorable. Finally, you want a process that leaves everyone feeling satisfied. The old adage that a mediation is successful when everyone leaves miserable is just that – an old adage. Mediation, in particular, should provide some form of “win/win” for everyone. Each person should leave the mediation table feeling that the result was favorable to them in some way. Because I bring a DEI perspective to mediation, I am able to assist every participant in identifying their win as a result of the process.
My two decades as a Superior Court Judge and my three decades of experience in the DEI realm have uniquely equipped me to recognize the opportunities for the 3 F’s in mediation. Fair. Fast. Favorable. Those 3 F’s can lead you to the end results that will work well for you and your cases.