Mediation - Forging Areas of Agreement and Compromise
Based in New York City, Dyan Gershman has a focus on US and international business law and handles corporate transactions and complex commercial contracts. Maintaining membership in the New York City Bar Association, Dyan Gershman is part of an organization that offers seminars on professional topics such as representing clients in mediation.
A type of dispute resolution, mediation presents an informal way of handling disputes without resorting to the expensive, time-consuming litigation and investigative processes. A mediator, acting as a neutral third party, delivers assistance in reaching a resolution that is voluntary and fully negotiated. Parties meet and discuss differing views, while working to understand past misunderstandings and define areas of agreement. Rather than seeking justice or the truth, the more manageable goal is finding a mutually acceptable outcome that both parties can tolerate.
What this means is that effective advocacy within a mediation setting takes more than the ability to present a persuasive legal argument. It requires well-honed negotiation skills, as well as the ability to communicate disparate viewpoints in ways that generate a sense of common ground. With impartiality at the forefront, the mediator must gain the trust of all parties involved, even as he or she devises the most practical way of resolving complex issues. With the parties involved controlling the narrative they may ultimately decide to resolve the dispute in the courtroom, but this at least provides an initial alternative resolution process.
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