Facilitative Mediation with Attorney Gordon Leech

Mediation is all about resolving conflicts. In the justice system, it is considered “alternative dispute resolution.” It is the alternative to a trial in most cases, though it requires consent of all parties for any agreement that results. If an agreement is reached, it should not only terminate the legal proceeding, it should also resolve the conflict between the parties. 

Traditional mediation is evaluative, where the mediator tells the parties what his or her opinion is about the facts, the law, and what terms each should accept. After 28 years of litigating disputes, Mr. Leech found that oftentimes this style leads to the parties leaving mediation dissatisfied with the result, even if they resolved the underlying claim, because the conflict still exists.

To resolve a conflict, the outcome must give parties closure and eliminate the incompatibility between the parties’ positions. Closure alone is not enough. That is what facilitative mediation is designed to achieve. 

Facilitative mediation relies on a process to find common ground and terms that go beyond just a monetary settlement. Parties can then find a more meaningful and satisfying resolution to the dispute. Facilitative mediation focuses on communication, keeping the parties talking about what is important to each, finding common ground for agreement. The parties make their own evaluation of the facts, legal issues, and possible outcomes. The parties talk through the issues, while the mediator facilitates the communications between them, prompting issues for discussion and finding areas for common gain.

We don’t think that mediation should end with all parties being unhappy but the claim being settled. Our approach is to first find a result that satisfies all parties. You are not forced into a settlement. You find the one that works for you.

To schedule a mediation with Mr. Leech at our office or your’s, call or email us today.

Urban Taylor Bldg
Telephone (414) 431-1920