Ed Ahrens, Jr., Esq. writes monthly thought provoking Editorials on mediation. These views are Ed's and do not necessarily reflect those of Florida Mediation Group.

…and at about this time attorneys’ and adjusters’ heads begin to bobble, eyelids drift downward, and an occasional forehead bounces off the table. Yep, the mediator’s opening statement can be boring as hell, especially for those who have heard it a hundred times. But one person in the group has not, and he or she is meeting the mediator for the first time, knows nothing more about the mediator other than what the attorney has described, and very likely is looking for assurance that his or her side of the case will be viewed without prejudice or bias.

I have had attorneys gabbing among themselves during my opening remarks. Doesn’t bother me personally, despite the obvious rudeness demonstrated. What does disturb me, however, is that the client who has not been involved in a mediation before is at best being distracted, at worst receiving the message that the mediator’s role and therefore the mediation process itself is of little importance. Bad message for those interested in utilizing the process to its fullest potential for the purpose of settling their differences and avoiding the expense, trauma and delay of protracted litigation and a trial. Also, for the benefit of you attorneys and adjusters who have never mediated with a particular mediator, it is your opportunity to evaluate the mediator’s personality, background and experience. Going into a mediation, this can be pretty powerful information. Even if you know the mediator, you may be able to discern if he or she is having a good day or bad, if a brawl with the spouse or kids started the day.

Although mediators try to spice up their comments to grasp and hold everyone’s attention, there are only so many ways to share with the participants the many unique aspects of mediation, some of which (e.g., confidentiality, the consensual nature of mediation, etc.) are legally required to be conveyed.

So, my message to you old legal and insurance war horses: Be patient, my friends. Remember, the mediator is required to do his or her “thing,” and the primary reason is to assure that the uninformed in the group knows what we’re all about—and what we’re all about is the business of amicably settling contentious and costly disputes, a worthy goal.

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