The Sense Of Mediated Agreements

It’s one thing to say you’ll let the judge decide.  It’s another to say what is decided.  Still another to agree with it.  Then, even after the gavel comes down, there can be issues over interpretation, appeals, monitoring, compliance, etc.

So, letting someone else decide doesn’t appear to lower risks, but rather may multiply them.

When you consider options to lower risks, consider the sense mediated agreements make.  The unpredictability of a decision-maker is replaced with deliberate agreement.  The imposition of an outcome is replaced with a personally (and meaningfully) crafted one – supplying built in buy-in, to boot.  The buy-in also tends to engender a durability in honoring the terms.

Most would agree that immediate, certain, and lasting outcomes pose low-risk and high-value potential.  For these reasons, mediation ought to be confidently encouraged among choices of remedies.

About Maria Hanna Joseph

Maria Hanna Joseph is Principal of Joseph Mediation. Her 25 years of experience in employment law, include 16+ of work and mediating for the Massachusetts Commission Against Discrimination which through which she has gained valuable insight into the MCAD, its practices and decision making. This, as well as her experience in plaintiff and defense litigation, with private and public sector clients, international and local business concerns, and in issues from harassment and discrimination, to noncompetition agreements, business operation, transgender workplace matters, retaliation and many others, lend her valuable perspective for understanding and mediating an array of legal and personal issues. In terms of volume, Maria has served more than 2,000 cases. Maria's practice has been honed with study of mediation at Harvard Law School's Program of Instruction for Lawyers, negotiation at Harvard Law School's Program on Negotiation, and in the disciplines of Transformative Mediation and Family/Domestic Mediation, which are significant assets in managing the personal nature of employment disputes, and conflict in general. Attorneys and parties know Maria as candid, pragmatic and persevering in her commitment to help them achieve meaningful settlements while keeping sight of their most important interests. The insight and creativity afforded by her experience and training are realized in the resolutions that manifest. These qualities, along with her demeanor and the trust she engenders, have earned Maria a reputation for being able to manage highly tense and fraught situations and individuals, and settle a wide variety of disputes and tough cases.
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