This year, the USA Network launched a new dramatic series called Fairly Legal ("Less Lawyer, More Appeal") which focuses on mediation, or at least the TV version of mediation. Kate Reed, the show's protagonist, believes that, "justice can always be found -- even if it's not always in the courtroom."  While the program is incredibly unrealistic and superficial in its portrayal of mediation, Fairly Legal signifies that mediation has taken hold as a valued alternative to litigation -- an alternative to having a judge or jury decide the fate of the parties. It shows that mediation allows a different kind of communication between battling parties than is otherwise available in  

the judicial system.  

Mediators don't employ the ridiculous antics Kate Reed performs on the show to get the parties to resolution, but mediators do operate on a level that is not always transparent to the participants.  The mediator must get the parties to identify their underlying interests and work to fulfill them. Through questioning, active listening, reality testing etc., the mediator changes the focus of the parties from their positions to their true needs.This process requires experience in litigation to understand the legal issues and arguments. It also requires significant practical application in actually mediating to develop the skills necessary to guide the parties and their attorneys from battling and positional bargaining to a broader perspective that leads to resolution, closure and letting go.  

What is accurate in Fairly Legal's portrayal of mediation is that the process is often unpredictable and requires innovation on the mediator's part.  In my nine years of working as a full-time mediator, I have performed nearly 900 mediations. My preparation is usually the same -- reading the materials submitted, holding pre-mediation phone conversations separately with counsel, learning relevant specifics about the plaintiff and defendant -- but my approach once the mediation begins is highly organic, evolving depending on the presentation of the clients and their representatives.   

No mediation is ever the same. The dynamics created with the combination of facts, personalities, and resources are always different. With each mediation, I learn more. Whether it is a twelve-hour emotional saga where the parties start at opposite ends of the financial spectrum or a clean cut half-day session, I am learning. I consider myself fortunate to have an active practice that allows me to constantly fine-tune my skills and develop new ideas and insight for subsequent mediations.    

How exciting that mediation is becoming recognized enough to warrant its own television program. Mediation is only where it is because attorneys have trusted it as a valid alternative process for resolution.  I'm excited to be part of this community and look forward to working with you all in the future.