Robyn Frick Mediation Articles

Difficult conversations are a reality in law practice. Whether it’s delivering bad news to a client, justifying a large invoice, or engaging in a heated meet-and-confer, conflict and discomfort are often part of the job. As a mediator, I work in the heart of conflict. I focus on uncovering what drives each side, keeping the process productive and helping parties move toward meaningful resolution.

In litigation, attorneys are trained to prepare for everything—every argument, every exhibit, every witness. Yet, when it comes to mediation, proper preparation often takes a back seat. Overlooking this critical step can turn a valuable opportunity for resolution into a frustrating waste of time and money.

Conflicts are inevitable. Whether in personal relationships or professional environments, disagreements can arise, challenging our ability to find harmony. Once a lawsuit is filed, the battle has begun.  While the instinct may be to fight, it is not always the best path.  Although many view mediation as a last resort or a sign of weakness, in reality, choosing to mediate is a powerful demonstration of strength.

Early mediation can be beneficial, but its advantages might surprise you. One of the primary benefits is that it highlights contested issues early on, giving both parties a clearer understanding of the conflict. This can save significant attorney’s fees and costs by potentially avoiding prolonged litigation.

In the hundreds of mediations I've participated in, I've seen many ways in which mediators conduct themselves—many of which did not sit well with the participants. Understanding and avoiding these poor approaches is crucial for a successful mediation experience.