“A mediator must be neutral, impartial, objective, flexible, intelligent, patient, persistent, empathetic, effective as a listener, imaginative, respected in the community, honest, reliable, non-defensive, persevering, persuasive, forceful, and optimistic.”
“Principles of negotiation and problem solving which emphasize the long term interests of the parties are the primary ingredients of the process. The mediator acts as a catalyst and advocate for resolution of the dispute by assisting in the definition of the issues; dissolving obstacles to communication; exploring alternatives; and facilitating the negotiators reaching an agreement.”
In her years of work as a trial lawyer, Jana Hicks Taylor has lost count of the number of mediators she has seen in action – the good, the bad, and the indifferent. And it is her trial-attorney’s perspective that shapes her approach to dispute resolution.
“I want a mediator to be respectful and involved,” she said, “so that’s the way I conduct mediation. I want to treat all parties the way I want to be treated in mediation.”
Hicks Taylor is very conscious about not being perceived as a Plaintiff’s mediator or a Defendant’s mediator. Plaintiffs want more money, Defendants want to pay less, and the mediator has to impartially walk the line between those competing interests while trying to keep all sides happy.
So how to do that? What are the components of a good mediator? Hicks Taylor explains:
Fair and impartial – it sounds obvious, but it is the critical starting point. “It means considering all sides of a dispute with equal compassion and understanding the issues and needs of all parties. I don’t want to be seen as working especially hard for one side or the other. I want to be recognized as working hard for a fair compromise.”
Understands the law – the attorneys involved in a mediation can’t spend time explaining the law to the mediator. “The mediator has to grasp the issues behind each case.”
Involved in the process – a good mediator listens to the arguments to the parties needs, and a good mediator understands the motivations for all parties. “There is always more to a case than just money,” Hicks Taylor said. “You don’t want to be in a hurry. You need to spend the time necessary to help develop a settlement. The parties don’t want to feel like they’re being rushed out the door.”
Appropriately aggressive – a mediator is more than a courier taking offers and demands back and forth between parties, but a good mediator cannot force or coerce a settlement. “The goal is to help the parties reach their own settlement,” Hicks Taylor explained. “You don’t want to reach a settlement for them, but you want to help them find common ground.”
Hicks Taylor, a native Texan and graduate of Texas Tech University and Texas Tech’s School of Law, is, in addition to being a mediator, a practicing trial lawyer. In over a decade as an attorney, she has represented Plaintiffs and Defendants and her areas of practice include personal injury, premises liability, discrimination, contract law, and non-subscriber law. Hicks Taylor has authored and regularly presents seminars on topics such as negotiation tactics, premises liability, non-subscriber law, consumer law, and employment law.
Above all, Hicks Taylor has outstanding interpersonal skills that facilitate mediation. She is intelligent, articulate, passionate about the practice of law, and compassionate toward all litigants. She understands that litigation is always personal to the litigants and does her best to ensure that the mediation process is fair.
