Interview with Bennett Root

1. What originally pulled you towards mediation and what has kept you in the work?

I have been practicing law for over 30 years most of which was in litigation. I always believed that it was in the client’s best interest to be able to limit litigation to the extent possible without compromising their intended goals. Therefore, my approach to litigation was to explore solutions that could get the matter resolved early in the process. In many cases, the opposing side was not inclined to find an early resolution and consequently litigation had to be pursued through trial. As mediation became more prevalent to resolve matters without going to trial, I found that the process fit with my philosophy on how to approach litigation. Under the guidance of a skilled mediator the opposing side many times began to recognize and appreciate the benefit of early resolution of the litigated case. Mediation is an informal process, which allows parties to get as creative as necessary to structure a settlement that each side finds acceptable. This is not something that can be done if the case has to go through a formal trial.

My work now as a mediator allows me to take advantage of my years of experience in litigation to help the parties understand the benefits of compromising and resolving the conflict. I’m very happy with the success I have had in resolving highly contested matters. It is very rewarding knowing that I helped parties resolve their dispute by, fashioning unique solutions, ending the conflict and saving the parties thousands of dollars by avoiding a trial.

2. How do you build trust with parties who come into mediation skeptical and emotionally exhausted?

Litigation is extremely stressful, expensive and emotionally draining. Before getting to mediation, the parties have each had to retell and relive their story several times in the pleading stage and the discovery phase. After all of that, they still have not been able to resolve the matter. The level of frustration at the slow pace, lack of resolution and the expense of litigation is evident.

I understand that by the time the parties get to the mediation, they have been through a lot. Not surprisingly, they come to mediation which certain expectations of what the desired outcome should look like. I therefore make it a point at every mediation to talk to the parties directly and acknowledge the path they have been on. I let them know that I am aware and understand that they have entered the mediation with some preconceived ideas of what a settlement should look like. I also tell them that I am not here to try to change their mind about what they think is a preferred outcome. I do ask all parties to promise me that they will remain open minded through the entire mediation process. I let them know that if all parties do that, we have a very good chance of getting the case fully resolved..