Paul M. Lurie on Guided Mediation
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Paul M. Lurie, now a retired partner at Schiff Hardin LLP, in 2013 created the Guided Choice Interest Group and its website. It established what is now known as the Guided Mediation, which was originally called Guided Choice Mediation. Here’s his description of the current process.
Guided Mediation is a collection of best practices and tools in actual use that increase mediation efficiency, get earlier settlements, reduce legal and consultants’ fees, and minimize business disruption. It focuses on designing a mediation process best suited for disputes to increase the chances of a successful and efficient resolution. It is not a specific model such as “facilitative” or “evaluative” mediation. See Dean B. Thomson, Early Mediator Engagement: Lessons from Master Mediators, 15 Journal of the American College of Construction Lawyers 39 (2021).
The earlier settlement occurs, the more value it provides to the disputants because of decreased legal and experts’ fees, preservation of valued business relationships, and reduced business disruption. Traditional mediators brag about the number of cases they have helped settle but do not mention when in the dispute resolution timeline those settlements occurred.
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