What Is An “Appreciated Solution”? - Part 2

In this video, which is the second in a two-part series, I provide the additional reasons why a shared resolution reached through mediation can be an “Appreciated Solution”.

Video Transcript

Hello, and welcome.  In my last video, I discussed how an “appreciation” - that is,  following a “logical process of reasoning” to “consider all the circumstances” of a given problem - helps us build the best possible solution for that problem.  

I also extolled mediation as an ideal opportunity for all sides to a dispute to go through this appreciation process. 

When parties settle disputes this way, they build their own "Appreciated Solution.” 

But there are other reasons to appreciate solutions reached through a mediation - and specifically a mediation using a positive negotiation approach.  

To begin with, consider this definition of Appreciate: “to value or admire highly” - as in appreciating someone’s work.

Unquestionably, every successful mediation is the product of really good work by everyone involved, and especially by the lawyers representing each of the parties involved in the dispute.  Their work in identifying and developing their client’s best evidence - oftentimes through formal discovery - makes the detailed appreciation process I described earlier possible.  

Equally important is the preparation and participation of any insurance professional who may be involved.  They are key decision-makers in a mediation, and their constructive involvement  frequently makes all the difference.

And last, but by no means least, is the engagement of the parties themselves.  The appreciation and negotiation process only works when they are willing to participate fully in the process.  

So we have plenty of reasons to appreciate the significant effort of everyone who is involved in any successful mediation.

Beyond that, a particular consequence of the professionalism shown by many lawyers and adjusters invokes this definition of the word “appreciate”: to recognize with gratitude, as in “appreciating your kindness.”  

Mediation is a much more benign dispute resolution process than a trial, and we can thank the many lawyers and adjusters who know this and treat it as such.  These are consummate professionals.  Without compromising their commitments to those they represent, they can and do treat all parties at a mediation with dignity and respect - letting everyone know this is one moment when we will work together in an effort to reach a resolution to our dispute.   

So we can all be grateful for - and appreciate - the professionalism and the civility that can and should define every successful mediation.  

And finally, by following a positive negotiation approach - focusing on the best evidence each side can present - we can help people “grasp the nature, worth, quality, AND significance” of a negotiated resolution, as well as an appreciation for the American legal system that made it  possible.  

How so?  Because this evidence-driven approach is precisely how any case SHOULD be adjudicated at a trial.  

And everyone can reach an evidence-based resolution because the American legal system provides everyone with a principled process through which they can identify and develop that evidence not just before a trial - but also before a mediation.  

So when a mediation focuses on a fair and candid appreciation of each side’s best evidence, it is in fact following the very same principles of fairness on which the American system of justice is built - offering a principled resolution that everyone has good reason to appreciate. 

None of this means mediations are easy.  They are not.  But they frequently succeed, and we can thank and appreciate a principled system of justice, and the professionalism of all those involved, for all that success.  

Thank you for joining me today.  I look forward to seeing you again soon.

Take care, and goodbye.