Legacy 2017 South Florida: 25 Most Powerful Women Issue | Page 9

FRIDAY, DECEMBER 8, 2017 MEDIATION/ARBITRATION AN INDEPENDENT SUPPLEMENT BY MIA MEDIA & COMMUNICATIONS GROUP TO THE MIAMI HERALD BB9 An Alternative To Litigation: Getting What You Want in Mediation pressionless face. Something recently happened, and that something was not good. As each side gave its opening state- ment they mentioned the results of a Summary Judgment hearing that took place just two hours prior to the commencement of this mediation. The judge made a partial ruling that enabled both parties to claim some sort of victory. In short, for more than three years of litigation, multiple businessmen in two consolidated cases spent millions By Stanley Zamor of dollars with prominent law firms SET THE STAGE to keep pushing their positions until As the parties entered the room, the eve of trial. But now, after long I stood smiling and welcomed each eloquent statements outlining how person as they took their seat around the law supports their positions, I the conference table. I stood at the asked them something that seemed head of the table and observed the to perplex the entire group. “Now perfectly coiffed group of 10. They all that we have heard each perspective seemed to share the same blank, ex- and how right each party thinks it is, what do you want?” They all agreed that they wanted finality. I said, “Good. Then let’s get to work.” AT THE READY One of the difficult defining points of mediation is to reduce barriers in communication. Litigation is innately adversarial in tone and process. Me- diation conversely encourages collab- oration while reframing the tone of the dispute to where parties may feel able to design their own resolution. Mediation will not replace litiga- tion. It is simply an option that works when parties need an alternative. Legal rights and duties are import- ant, but many times when parties are given a neutral space to express what they want, they are able resolve issues themselves. THEIR WANTS: So, what did these disputants want and did mediation give it to them? After a five-hour mediation, the disputants created an agreement that satisfied their desire to: 1. Have someone admit wrongdoing and be held accountable 2. Be able to move forward and be- yond their business dispute 3. Take the lessons learned and estab- lish better systems to protect them- selves from future litigation 4. Recoup a portion of monies spent on legal fees 5. Make more money in a smarter way Stanley Zamor is a Florida Supreme Court certified Cir- cuit, Family, and County Mediator, a Primary Trainer, and Qualified Arbitrator. [email protected] www. effectivemediationconsultants.com www.LinkedIn.com/in/stanleyzamoradr [phone]