We're OK, But Those Guys are Crazy!

At Liaise Divorce Solutions, what we refer to as “facilitation” is the active pursuit of both sides to a given problem to have them come to mediation and explore how they might better manage their dispute and achieve resolution.

In the Liaise facilitation practice, the chief argument raised against the proposal to “reach out” to the other side is that the mediator simply doesn’t understand the situation. It is patiently explained to the mediator that, “the people on the other side of the dispute are insane! They are completely and totally unreasonable! They will never ever, ever agree to sit down and reasonably discuss the problem at hand”. Believe it or not, we hear that a lot. And it is almost never the true case.

Most people consult with Liaise when they are experiencing a dispute that has, or soon will, spiral out of control. They are either about to face the ruinous expense and paralyzing stress of litigation, or they are already knee deep in a lawsuit that has drained their resources and their lives to a degree that is nearly crippling. When the mediator suggests that the fastest, cheapest path to closure is “facilitation” in the form of the mediator contacting the other side and offering an opportunity to come to the table and start working things out, the proposal is often met with an incredulous exclamation. Words to the effect, “dream on”, or “never happen”, or, my personal favorite, “those *#*+##>s, just love to fight and you’ll never get them to agree”.

The fact of the matter is that facilitation is a highly effective tool to commence mediation. The Liaise Divorce Solutions success rate at facilitation is well over 80%. There is no great secret to our fabulous success at facilitating mediation. It is almost always the case that any given unpleasant situation is viewed as wasteful, expensive, distasteful and unpleasant to all participants. The truth is that the emotion usually expressed by the side we contact with a proposal to mediate is relief! Whether or not the war hounds of litigation have already been set loose, or are just sharpening their teeth, business people, or rational people in general, would rather be engaged in their business, or just getting on with their lives, then be fighting needlessly.

Lawyers too use Liaise’s facilitation services to “break a logjam” in a case where they can see that the returns of litigation are rapidly diminishing. Most experienced lawyers can accurately evaluate a case pretty early on and know that their clients are best served by mediating the matter at the earliest moment possible. We have many repeat business lawyer customers who, with one call to Liaise asking a mediator to contact their opposing counsel, save thousands of dollars by starting the mediation process sooner rather than later.

Whether you are involved in a nasty divorce, spiteful partnership dispute, malicious property battle, malevolent probate contest, or any seemingly insurmountable fight with an apparently implacable foe, call Liaise Divorce Solutions and we will start you on the path to peace.