Sherman L. Knight -  Mediator - Arbitrator

Mr. Knights Overview of a Successful mediation

     
 

    Mr. Knight's Mediation/Arbitration service focuses in just four areas. Construction Disputes, Partnership Divorces and Real Estate issues and Design Professional Malpractice. Over the last 17 years, his legal practice has also been limited to these areas. Because of his background as an architect and a construction manager, he also has actual and practical experience in these areas.

     Over the years, Mr. Knight has come to believe that the most important issue to a successful mediation is that both parties believe that the mediator listened to and understood their cases. Anyone can listen, but how many actually understand the facts of a case and how it relates to the law?  Many parties are skeptic of a mediator that does not take the time to understand or is unable to understand a case. A mediator's ability to quickly grasp the important facts and relate them to the law will show your client that he/she has been heard.  A party that feels he/she has been heard is more likely to settle.

     Typically, a mediator will have to disagree with the conclusions of at least one of the parties and in many situations, both. For the mediator's differing conclusion to be effective, the parties must believe the mediator understands the facts of their case. Each party will respect the mediator's differing conclusion only if they believe the mediator understands.

     Construction cases are often described as "complex". We have all experienced how difficult it is for many judges to comprehend and assemble all the facts in a construction case. Imagine a mediation where the mediator not only speaks the language of the attorneys, but also speaks the language of construction and can discuss the issues one-on-one with the partie's experts. The mediator's ability to settle a case is enhanced when he can speak the language of the parties and understand what happened in the field.

     Once a party determines the mediator truly understands his/her case, the party is more likely to respect any disagreement the mediator may have. With this respect for a differing opinion, comes a greater willingness to settle.

     After all, the goal is a successful mediation.

 
     
This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.