February 1, 2023

Volume XIII, Number 32

Advertisement

January 31, 2023

Subscribe to Latest Legal News and Analysis

January 30, 2023

Subscribe to Latest Legal News and Analysis
Advertisement

Important Considerations for Mediation

“You can’t always get what you want. But if you try sometimes, well, you just might find, you get what you need.” – Mick Jagger and Keith Richards

Successful Mediation. Unlike the regular adjudication of a legal dispute, in mediation there is no “decision-maker” to determine who is “right” or “wrong.” No final order or judgment is issued. Instead, a good mediation will result in a resolution created by both parties that satisfy both parties’ interests or concerns. Mediators are not looking to find fault or assign blame – rather, a mediator works with the parties to problem solve and find creative solutions and proposals.

Selecting a Mediator. In some court programs there is a list of “pre-approved” mediators. The mandatory Alternative Dispute Resolution program in the Western District of Pennsylvania has such a list. In the Allegheny County Court of Common Pleas there will be no such guidance on preferred mediators. Pennsylvania does not have any national or statewide organization that certifies mediators. However, there is training available and basic mediation training is generally a 40-hour course covering problem solving, conflicts, communication skills, ethics and practical skills in role plays and other exercises. Mediators should have attended at least a basic mediation training course as well as have experience in mediating civil cases.

©2023 Strassburger McKenna Gutnick & GefskyNational Law Review, Volume XII, Number 335
Advertisement
Advertisement
Advertisement

About this Author

Kathryn L. Clark Attorney Strassburger McKenna Law Firm
Shareholder

Kathryn L. Clark is a Shareholder in the Pittsburgh Office of Strassburger McKenna Gutnick & Gefsky. Ms. Clark has earned a reputation as a fierce and loyal advocate for her clients. Her scope of practice includes school law with an emphasis on non-traditional educational settings as well as municipal law.

As part of her school practice, Ms. Clark has acted as an interface between state and county regulatory agencies and numerous non-traditional school organizations. She prides herself in finding creative solutions to the obstacles often...

412-281-5423
Advertisement
Advertisement
Advertisement