Monday, January 29, 2018

10 Hours in Mediation?

Last Thursday, I spent 10 hours in mediation with a client. We came prepared to settle the matter, but it took until afternoon for the other side to even give us the "number" they were seeking. At the end of the day, no resolution occurred, primarily because everyone was too tired to spend the time reviewing the Marital Settlement Agreement. Sometimes parties choose the wrong attorney to represent them. Other attorneys are stuck working to educate the client when their attorney sets up unreasonable expectations.

In thinking about this, I came across the following article I wrote more than 8 years ago.

Ring That Bell

There are many ways to ring a bell. The large Wheel in the background is attached to a one-inch rope passing from the steeple of the First Baptist Church in America to the Music Director's office. Pulling the rope rotates the bell to strike the large "ball clapper." In this manner the bell rotates and the clapper is relatively stationary. The use of a one inch rope, indicates the weight of the bell and the potential momentum imparted to the person pulling on the rope.
The steeple also has a clock. The clock has a mechanism to ring the bell on the hour and 1/2 hour by use of the "hammer or "alternate clapper." The clock mechanism can't produce the force necessary to move the entire bell, thus the use of a much lighter hammer.
The hammer also attaches to a much smaller rope passing from the steeple to the interior of the church. Pulling the much smaller rope rings the bell, but the bell remains relatively stationary.
All this to say there are many ways to ring a bell.
There are also many ways to pursue your legal rememdy. Choosing an attorney who understands the differences between Litigation and Mediation, between Fighting it Out and Working it Out, can mean the difference between years of litigation and moving on with your life.

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