The season of giving is upon us, and it is worth acknowledging the gifts the mediator offers. Mediation has been in practice since ancient times, and the mediator has gone by many names; conciliator, interpolator, philantropus, interpres, and medium, to name a few. Some cultures regarded the mediator as a sacred member of society, worthy of special respect, like that given to a wiseman, sage or chief. The conflict resolution a mediator provides enhances the quality of life, reduces stress, and helps ease the burden on judicial systems. Abraham Lincoln said it best in a law lecture with this famous quote: “Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often the real loser — in fees, and expenses, and waste of time. As a peacemaker the lawyer has a superior opportunity of being a good man. There will still be business enough.”
One gift from the mediator is the gift of cost-savings. The mediator offers the opportunity to resolve a dispute quickly and cost-effectively. Mediation is less expensive than civil litigation or arbitration, and can avoid costly trials.
A second gift is the gift of time. The mediator can resolve disputes in a day, and sometimes within hours, versus drawn out litigation proceedings. The mediator offers video conferencing, so you don’t have to leave the comfort of your own home or office.
A third gift is that of peace. The mediator provides a private and confidential setting that fosters a level of comfort for full and open expression. This leads to productive conflict resolution, both parties can preserve their relationship, and live in harmony.
At Landrum and Shouse, we would like to thank our mediators, Pierce Hamblin, John Martin Jr. and Erin Izzo for the gifts they provide. “When people come to mediate a case, one of the most important goals is to clarify and have the parties understand the difference between the legal value and the human value of the case, and that is very difficult for people. Each side comes into a mediation, rightfully so, invested emotionally, physically and personally in what they feel is a fair and just resolution of the litigation. That is the human value, and no one else has walked in their shoes,” says Pierce Hamblin.
Pierce Hamblin is a trained and certified mediator through the Mediation Center of Central Kentucky. Over the course of more than 30 years, he has mediated countless large civil and medical malpractice cases involving multiple litigants.
John Martin Jr. has been mediating over 20 years, primarily personal injury, bad faith and dram shop litigation. He has been in civil litigation for 43 years, and will be focusing solely on mediation as he winds down his litigation services.
Erin C. S. Izzo is a Court-Approved Mediator for the Commonwealth of Kentucky and has been a civil litigator for over 17 years for both plaintiffs and defense. She has been mentored by Pierce Hamblin and has mediated for over 7 years, with cases primarily involving medical malpractice, nursing home negligence, personal injury, and contract disputes.