Some people might be surprised that, as a mediator, I’d want to write about litigators. Litigation is at the other end of the spectrum from mediation. Surely, I should be opposed to litigation? Well, they’d be wrong. I’m not opposed to litigation, I’m just opposed to litigation being offered when mediation or collaboration are likely to be more appropriate – which is more often in my experience.
Litigation is part of the system of dispute resolution. Litigation is probably necessary for around 20% or so of those going through separation, divorce or parenting differences. It’s necessary for those who cannot decide their own outcomes. It’s necessary for those adults, children or property needing the court’s protection. It’s necessary for those who need a law to be interpreted by a judge.
A good litigator who works on this basis, has a genuine talent for advocacy (in both meanings of the word) and a style of approach which is not aggressive or disrespectful, is someone I would be proud to call a colleague. Mediators, collaborative practitioners and litigators should all have place around the increasingly crowded dispute resolution table. We can all make a difference.
I am Stephen G Anderson and I am a professional mediator.