Litigation Exit Doors

Past Present Future

Mediation should provide parties new paths toward resolution.

One approach I find very effective is explaining the differences between litigation and mediation this way:  Litigation and mediation are polar opposite approaches to ending a conflict.  Litigation is entirely focused on the past – what happened.  Mediation is about present and future circumstances.

One you have no control over.  One you do. 

I regularly see parties in negotiations suddenly able to make progress when I ask them to consider how an offer strikes them when viewed with a forward focus – whether it enhances their present and future circumstances more than remaining in litigation does.

Helping them look in another direction (away from the past and associated comparisons of case strengths/weaknesses, risks/benefits, right/wrong, etc.) shows them there’s a different kind of analysis available, and sheds light on new litigation exit doors.

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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