GHOSTS AT A MEDIATION
by
David B. Harwi, Esq. and George Reath, Jr. Esq.
A
mediation can sometimes be like a poorly tuned television
picture - the actors can be identified but their appearances
are blurred by ghosts which surround them. The same can
be said about a mediation. The disputants may be apparent
but their interests may be blurred by the ghosts which
surround them. These ghosts are anyone who has an economic
or emotional interest in the outcome of the mediation
beyond the interests of the disputants. For example ghosts
may include:
a
lawyer for a disputant who is to be compensated by a
contingent fee;
a
meticulous defense counsel;
a
spouse;
an
insurance carrier’s policy to limit liability at
the expense of process cost; or
the
corporate disputant’s executive with a personal
hostility toward the other disputant.
The list depends upon the mediation. For the mediation
to result in settlement the interests of the disputants
and the ghosts may have to be considered.
