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42 ¦ APRIL 12, 2021 EXPERT OPINION

Sharing Ideas on
Innovation in Mediation

By Christopher P. Kriesen

I’ve been giving a lot of thought to how we con-
ventionally conduct mediations. In the last four
years I’ve spent time learning from several in-
novative thinkers. Some are business minds. Some
legal minds. One is a storyteller.

Here are thoughts derived from these sources
on new ways to mediate:

Be Client-Centric
I doubt any client has ever met with her lawyer
the first time and said, “Here is what I am look-
ing for: I would like my case to linger, then I want
to take the stand two years from now, be cross-
examined, and turn over the outcome of my case
to someone else.”
Our culture is client-centric. People not only
want a quality product; they want a quality pro-
cess. Retailers understand this. Think of the
most popular online sellers—their interfaces
are clean, intuitive, and glitch-free. Or your
favorite restaurant—it’s your favorite not only Christopher P. Kriesen,
founder of Kalon Law Firm in Hartford.

because of the food, but also because of how you Courtesy photo

are treated. The process belongs to her. She needs more than a
But litigation is adversarial, by design. The cup of coffee.
premise is that we will learn the truth as each side
asserts their cause and discredits the other’s. Law- Move From Positions to Interests to Stories,
yers clash. Clients are caught in the collisions. It’s and Back
not a quality process for them. And the process When people come to me with a case to medi-
ends with an assignment of blame, a further an- ate, they have usually reached an impasse because
tagonism. they are locked into incompatible positions. They
Mediation, if done correctly, offers a client-cen- need to move to their interests.
tric experience. The best mediators serve as hosts The idea that people should negotiate from in-
to the clients and center the process on the clients’ terests, not positions, has been around since 1981
expectations, needs, and senses of dignity. A client when “Getting to Yes” was published. If you help
should never be put in a room off to the side and the parties understand their interests, they can
spend the hours just getting updates. It’s her case. shift to new, compatible positions, and reach an

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