Dov Silberman - Lawyer and Accredited Mediator
• I look beyond the law in finding out what the parties are really arguing about; it is surprising how many times I have heard the words "I did not realise..."
• I understand power imbalances and the costs of litigation; I know that that does not mean the stronger party will necessarily win or overwhelm, and that in any given dispute there are multiple hidden agendas
• I work for myself, giving me a greater freedom to negotiate a reasonable fee
• I have lived in several countries, and with ethnic sub-groups, so I am aware of cross-cultural considerations, even within the same group.
• I realise that each party emotionally considers themselves to be right. For a settlement to be effective - and not just agreeing reluctantly to a monetary figure - the parties must move from their entrenched positions to objectively consider what is really in their best interests so as to be able to move on with their lives
• I also realise that not every mediation settles the litigation. In such a case, a successful outcome, i.e. the mediation achieving something considering the costs and time, will be achieved if:
- the parties walk away truly understanding where the other party is coming from, and
- what other alternatives can be still considered, and
- why they are still continuing to fight
• I use a new method to maximise the chances of a settlement and to ensure each party is happy with the mediation, see http://www.dovsilberman.biz/about/worldview-and-silver-lining-mediation/
