Mediation or Not

A former mediation consult came in to see me today to discuss the mediation agreement she had prepared with another attorney and asked me to review it on her behalf. Of course I asked the obvious as to why she didn't hire me to do the mediation. Her response was that her husband didn't think I would be impartial and would favor her. I guess being a woman and all threw him off!

I advised her that he was very foolish in that now I was free to advocate on her behalf now that I was being hired as an advocate. Interestingly enough the mediator he felt most comfortable with was a male attorney who has been practicing only about a handful of years as opposed to my over twenty year experience.

So we can break this down as saying her husband felt comfortable with a less knowledgeable male attorney as opposed to a more experienced female attorney because he thought I would favor his wife!

Mediation really isn't about taking sides, it is taking the facts and getting the parties to come to their own agreement. The suggestions I make are usually gender neutral and tend to help both sides. It is really in my best interest to make sure both sides are happy with my representation and recommend me to others in like situations.
In this case I bet the husband has been congratulating himself for the past few months on choosing the correct mediation forum. Yes, I do find this amusing instead of disturbing because now when he finds out I am advising his wife he will probably lose his mind.