Creating Paths to Solid Solutions
Through Mediation
The opening lines of A Tale of Two Cities aptly describe the ambivalence people caught up in lawsuits often feel as they ponder the course their cases will take. "It was the best of times, it was the worst of times, it was the age of wisdom, it was the age of foolishness... it was the spring of hope, it was the winter of despair, we had everything before us... we had nothing before us."
Contradictory feelings such as these swirl through their minds:
- My lawyer says I have a great case, but my opponent seems equally confident of victory. I'm fearful there can be only one "winner" and it might not be me.
- I've already spent several thousand dollars in attorney's fees, and my lawyer says she still needs to take three depositions, hire an expert witness and file a motion for summary judgment. How much money will I sink into this case before it's resolved? Even if I win, can I break even?
- I know I have a great story to tell the jury, but I always get tongue-tied when I speak in public. I dread the thought of making a fool of myself and fouling up my case.
- My lawyer says the judge will enter a judgment in my favor if we win, but we may need to fight another battle to collect it. What will that cost? And what are the chances my opponent can escape paying?
- My opponent was once a dear friend, and I hope we can renew our friendship when this is over. If we continue fighting like mortal enemies, I'm afraid our dispute will drive a permanent wedge between us.
- I've already invested over a year of my life in this fight and wonder whether my nerves can stand another year or more. I yearn for a full night's sleep.
Creating Paths to Solid Solutions
Through Facilitation of Effective Communication
Lawsuits evolve from conflicts between people and groups that fester into disputes over legal rights and obligations. Relatively few conflicts grow into lawsuits because the economic stakes are too low. However, a decision not to launch a lawsuit does not equate to resolution and reconciliation; unresolved conflicts arising from real or imagined abuses of power or position produce lingering resentment and hostility. They can even erupt into violence. The depressing events that Americans have come to associate with the phrase "going postal" demonstrate the ugliness that unresolved conflicts can provoke.
Our natural responses to conflict are to fight - physically or verbally - or to flee through denial or avoidance. The ability to talk through and collaboratively resolve a conflict is an acquired communication skill. People caught in a cycle of unresolved conflict are often unaware of the communication skills they lack or have never had an opportunity to acquire them. Someone trained to facilitate or teach effective communication can rescue these people from the emotional strain and discord that invariably accompany unresolved conflict.
Patience, perseverance and curiosity characterize Charles' style of asking questions during mediation. He carefully designs the flow of each mediation to inspire the parties to visualize and verbalize the interests and expectations they need to satisfy. His ability to help parties imagine solutions that serve their financial and emotional needs while transcending their legal positions enables Charles to facilitate closure of even the most complicated legal disputes.
Mediation skills are as important in helping people work through interpersonal conflicts as they are in helping litigants settle lawsuits. Particularly important is the ability to ask non-judgmental questions that help people map the effects of their conflict and develop stories of conflict-free relationships they adopt and act out.
Charles Cannon facilitates effective communication between conflicting parties in two ways. He serves as a neutral third-party mediator of interpersonal conflicts in much the same fashion as he mediates litigated claims. He also facilitates conversations between people and groups, using a technique he calls Deep Discussions. He offers these services to businesses, non-profit and faith-based organizations, neighborhood associations, and other community groups. Charles also teaches communication skills to businesses and civic groups.