September 05, 2008

Lessons From Campus Mediation Apply to Ombuds

An article in this month's University Business explains why mediators are effective in helping campuses avoid litigation.
An mediator can offer a fresh perspective on the facts and law. Quite often, counsel and the client get so involved in the minutiae of waging a legal battle that they “lose the forest for the trees.” Counsel may dread the call from a client wanting an update on the status of a matter that hit their desk long ago; the client may become dissatisfied with counsel’s view of the matter, which has migrated from “optimistic” to “doubtful.”

In such cases, a mediator can provide a “reality check” about the prospects for success in litigation that counsel may have difficulty communicating to a client. A mediator who is experienced in the relevant law, who has been briefed on the issues at hand, and who has had an opportunity to “size up” the evidence and witnesses may be in a better position than counsel or client to assess a case’s strengths and weaknesses.

Similarly, a mediator doesn’t have the same emotional investment in “winning” that the counsel and parties have and is able to give a dispassionate viewpoint that can move parties away from a stalemate.

Also, in a mediated settlement parties can obtain results that may not be awarded by a court or jury. Mediation can be an extremely effective dispute resolution tool when the parties need to continue working together—such as with a staffer who is several years from retirement and feels she has been underpaid, or a student who wants an apology from campus police.

However, these reasons are just as valid for Ombuds. Perhaps even more so because Ombuds are usually involved before the dispute has drawn in attorneys. (University Business via Campus-adr Weblog.)

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