Insights
Mike Winfield Examines Perspectives on Mediation for The Legal Intelligencer's ADR Supplement
In the January 2018 Alternative Dispute Resolution (ADR) Supplement published by The Legal Intelligencer, Principal Michael W. Winfield authored the article, "Gaining a Winning Perspective in Mediation: It’s All About the Frame." The article examines how to best understand a client's needs when entering mediation and how to define a "win" post-conflict resolution.
Mr. Winfield notes:
"Just like beauty, a successful dispute outcome is in the eye of the beholder. It is subjective. It depends upon individual concepts of equity and fairness. It is driven by economic conditions and standing, shaped by one’s value system, and can evolve and change over the life of the dispute."
"In approaching the mediation process, it is incumbent upon us to work with our clients to help construct a frame from which to view and measure outcomes in light of these subjective elements—to help reshape the concept of a win from a settlement perspective. This requires a core understanding of not just what our clients want, but also what the drivers are behind those wants."