Meditation, Mediation or Appeal?

I've been a litigator, appellate lawyer and now also a mediator for 32 years while raising a family of four wonderful children with my lawyer-husband.  Confronted daily with minor to major disputes, I've wondered: What is the most effective way to reach a fair agreement when meditation isn't quite enough?

Attending the California State Bar Convention for the first time in nearly three decades highlights the immense changes in the law since I was one of about ten women lawyers in Kern County. Back then, women were not allowed to go to the two major business venues for lunch and we started what is now the Kern County Women Lawyers Association in an effort to reach out to each other. Back then, the main way to resolve legal disputes was to go to court or arbitrate pursuant to a contract or court order.

Fast forward 32 years and my daughter is now one of many hundreds of woman lawyers in Sacramento County. Women Lawyers of Sacramento and Kern County Women Lawyers Association are two of many legal associations that have been effective in improving the practice for women lawyers and promoting them into judicial positions. Justice Tani Cantil-Sakauye of the Court of Appeal, Third Appellate District has been nominated and approved to be the next Chief Justice of the California Supreme Court and there will soon be a majority of female justices on the Supreme Court!

And disputes are frequently and increasingly being resolved through mediation instead of litigation or appeal. It is the right time for us to rethink our antagonistic ways of resolving disagreements in law as well as in politics.

Mediation resolves disputes and preserves relationships. It facilitates creative solutions that help each party discover and meet their underlying needs which are often quite different than the other party's needs.When a dispute hinges on a legal interpretation of statutory or case law, a court opinion may be needed to provide parties the guidelines they need to resolve their dispute. In those rare cases, the Court of Appeals and the California Supreme Court are invaluable resources to help litigants resolve important issues of law, including constitutional or statutory interpretation and conflicting case law.

Where does meditation fit into the equation? It can focus us on our core values of justice and fairness. Mediation leads to agreements that are fair and benefit everyone. The reviewing courts  resolve important legal conflicts so we can reach a just result.

What is the best way to resolve disputes? Meditate for clarity, mediate for a fair resolution and reconciliation, and appeal to resolve legal issues and interpretations that make justice possible for all.