ing—are limited to the participants, their lawyers and the mediator. Control and self-determination allow the parties to negotiate
and determine the outcome of
their settlement rather than having
to adhere to decisions by third
parties.
The solution that is generated
should be one that all the parties
can live with. Convenience and
economy allow the parties to
schedule mediation when all can devote the
necessary time to resolve the issues and by
working together toward a common goal
that is mutually acceptable. The parties
share in the expenses and costs equally.
This eliminates the need for costly discov-
ery or protracted pretrial motions and hear-
ings. Lastly, mediation is a form of dispute
resolution that is conducted with dignity
and mutual respect. Elimination of the acri-
mony and emotional stresses that are asso-
ciated with trial are beneficial to the parties
in helping them to move from a
place of conflict to one of coopera-
tion.
Mediation as
Peacemaking
Peacemaker theorists believe that
participants of mediation are challenged to develop creative solutions to often-complex legal issues.
As lawyer–mediators, it is incumbent that we develop competencies in
peacemaking and the art of resolving
disputes by mediation. Peacemaking and
mediation challenge the lawyer to be compassionate and to understand the art of
facilitative healing. If lawyers are to serve as
www.azbar.org/AZAttorney 45 FEBRUARY 2015 ARIZONA ATTORNEY
Mediation is a form of
dispute resolution that is
conducted with dignity and
mutual respect.
FROM PEACEMAKING
