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“Sword-n-Shield or Bridge-n-Brick”: The Neutral’s Mindset/Approach Matters More Than the Title

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By Stanley Zamor

When preparing to mediate, parties often spend significant time selecting the “most experienced” neutral. They look at years of litigation, judicial appointments, verdict history, or the prestige what a resume/curriculum vitae demonstrate. But mediation was never designed to be a continuation of litigation by another name.

The real question is not simply who knows the law best.
The question is: Who understands conflict best, and how to create an opportunity to amicably address/resolve a dispute?

Too often, the mediation consumers reward the “Sword & Shield” mindset — a system rooted in positional leverage, predictive analysis, authority, and adversarial conditioning. Rarely concerned that it often violates procedural ethics and party self-determination. While those skills may have value in litigation, mediation requires something fundamentally different and much more. It requires the ability to build dialogue where communication has collapsed. It requires emotional intelligence, patience, strategic listening, encouraging empowerment and the discipline to protect party self-determination even when tension rises.

Mediation is not supposed to become a shadow courtroom.

This is where the “Bridge & Brick” philosophy becomes essential. A skilled neutral is not merely attempting to predict outcomes or pressure concessions. A true mediator is constructing opportunities for understanding, empowerment, reframing conflict, restoring communication, relationship building and helping participants move from entrenchment toward intentional decision-making.

Every word, pause, caucus, and question becomes a brick placed carefully toward resolution.

The challenge facing the ADR profession today is that many still confuse litigation experience with mediation competency. They are not the same discipline. Trial advocacy teaches persuasion. Conflict resolution teaches transformation and amicable resolve. One prepares professionals to win positions. The other prepares neutrals to manage human dynamics, emotions, perception, identity, and communication breakdowns.

That distinction matters.

The Florida Rules for Certified and Court-Appointed Mediators remind us that mediation is a voluntary, party-centered process grounded in neutrality, impartiality, empowerment and self-determination. Those principles cannot survive if the process becomes dominated by ego, predictive pressure, or evaluative influence disguised as facilitation.

The promise of mediation was never about manufacturing settlements at all costs.
It was about creating a process where people could make informed, empowered, and authentic decisions for themselves.

That requires more than a résumé.

It requires intention-trained conflict-resolution practitioners who understand that the mediator’s greatest power is not authority — it is influence earned through trust, credibility, emotional discipline, and integrity…”Process-over-Profit”. 

The future of ADR will belong to those who can build bridges, not merely carry shields. Stanley Zamor is a Florida Supreme Court Certified Circuit/Family/County Mediator, Primary Trainer and Qualified Arbitrator.  Mr. Zamor serves on several federal and state mediation/arbitration rosters and mediates with Salmon and Dulberg. As an ADR consultant/professional he regularly lectures on a variety of topics from ethics to Family/Business relationships. To calendar time with Stanley visit: https://sd-adr.com/attorney/stanley-zamor/ ; email: ZamorADRExpert@gmail.com ; www.effectivemediationconsultants.com; www.LinkedIn.com/in/stanleyzamoradr. (954) 261-8600

“Let’s Make A Business Decision, Let’s Mediate”

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“Let’s Make A Business Decision, Let’s Mediate”

By Stanley Zamor

(July 2017)

“Greg, if you would have better advised me of the extensive cost of this litigation, I might not have let it go this far. But now, I am so financially committed, I have to see it through, even though it may bankrupt me…” I stated, “Although you are heavily engaged in litigation, now that you are at mediation, you have a real opportunity to reduce further expenses while reaching a resolution you create…”  Unfortunately, this was a real statement made by a Plaintiff expressing his frustration to his attorney.  The mediation ended, and resulted in a settlement 3 hours later.

The Real Cost of Litigation

We live in a great country where our legal system is not perfect, but is available to those who choose to use it.  So how expensive is litigation anyway? Um, although the initial cost of a civil suit varies depending on the lawyer you choose and the type of case, it is not unusual for either party to spend close to $100,000 in a contentious business lawsuit.  How? Well, a brief example is when taking the deposition of five people, who are potential witnesses:

*  Attorney’s replenishable retainer of $5,000, used for initial costs/filing and commencing discovery of the lawsuit;

*  Attorney charging $300 per hour – research and preparation for five, eight hour witness depositions – $2400 x 5= $12,000.  Further consider the cost of travel and deposition transcripts (usual cost $1000 each x 5= $5,000);

*  Other basics litigation costs include (but is not limited to) hiring expert witnesses; research/study of reports, analysis, or other projects ordered by the court; attorney hourly fees; copy fees; computer legal research services; secretarial and paralegal fees; external consultants, and specialist fees; private investigator, electronic discovery maintenance, and trial demonstrative aids, etc.

 

The Truth Is Real

Unfortunately, even though our civil litigation system is considered to be the best in the world, it is so costly, and the rewards (if any), are sometimes too far delayed to enjoy the benefits.  So that is why mediation is available and the courts are encouraging parties to mediation early as an alternative to trial.  In many areas of the law, like in Condo & Home Owners Association cases, you must mediate before you litigate.

The Cost of Mediation

Contrary to litigation mediation cost fractions less and mediating before you file a lawsuit can save you tens of thousands of dollars.  The comparative math is:

*  Typically, mediators charge $300 per hour for five-hours. (shared between the parties) So, $1500, and you are done!

*  If you have an attorney, add the cost of their time too. Regardless, your cost can be under $3000 and you’ve reached a resolution that you’ve created and controlled. When you litigate you will triple that cost for the uncertainty of an outcome.  Hmmmm…  Make a business decision, you have options.

 

Stanley Zamor is a Florida Supreme Court Certified Circuit/Family/County Mediator & Primary Trainer and Qualified Arbitrator.  Mr. Zamor serves on several federal and state mediation/arbitration rosters and has a private mediation and ADR consulting company.  He regularly lectures on a variety of topics from ethics, cross-cultural issues, diversity, bullying, and Family/Business relationships.

 

szamor@i-mediateconsulting.com

www.i-mediateconsulting.com

www.LinkedIn.com/in/stanleyzamoradr

(954) 261-8600