The Role of Humility in Mediation

Sometimes I have to step back and admit to myself that as the mediator, I am merely the guide to a voluntary conversation about whether and how a particular case may be settled. All too often, the headiness of coaching the parties and their wise counsel towards a settlement clouds my judgment and makes me confuse my true role. Sometimes, I have to admit, that I surprise myself with the kind of power that comes with the parties asking for my advice and trusting me with their truest interests and goals. Currently, I’m “managing” two multi-party mediations which did not settle at the initial hearing. Each of them are entrusting me to carry the torch, keep the flame alive, advise them on “next steps” and help them to predict the future. And I am glad to do it. And yet, ultimately I need to be ever mindful that, as the famous Polish Proverb states, “It’s not my circus, not my monkeys”. Whether the cases ultimately settle or not is up to the parties, not me. I have the power of suggestion, but, if I step back and genuinely do the work I ask the parties to do, I need to accept that I am powerless to make the parties do anything. It is their risk, their reward, their hidden interests, egos, pride that must be evaluated by them, and not me in choosing whether to settle or continue the fight. That is my poetic rant of this week. Agreed?

                       

Jan Frankel Schau

Attorney Jan Frankel Schau is a highly skilled neutral, engaged in full-time dispute resolution. Following a successful career spanning two decades in litigation, she has mediated over 700 cases for satisfied clients. Ms. Schau understands the nuances of trial and settlement practice as well as client relations and balancing the… MORE >