Former judge and now Varnum attorney Edward R. Post was featured on WJRW’s Sound Off! with Dave Jaconette, talking about the benefits of resolving disputes through mediation.
Post discusses various aspects of mediation process – including the economic and emotional benefits – in the 11-minute interview, including the following:
On the role of the mediator:
“On the bench, we’re responsible as judges for making sure that there’s due process, that everybody’s had a fair chance to be heard. And that’s a big job of the mediator, to make sure that nobody is forced into anything and everyone gets a fair chance to be heard.
“The whole idea is to get parties to agree. You create an environment where they can agree.”
“The run-up to a trial is a lengthy and expensive period of time for the parties. If we can avoid that with some early mediation, that’s great.”
“Mediation involves creating an opportunity for people to be heard, so that someone pays attention to what they’re saying, and then trying to lead them into a position where they can make their own decisions resolving cases.”
On mediation in the context of family law:
“In domestic cases, … we pit husband against wife and they go through a brutal trial, an accusatorial kind of bruising trial and then afterwards, they’re required to co-parent. If we can find a kinder, gentler way of resolving their disputes and preserving some of that relationship to help them coexist after the divorce is final, that’s a good thing.
On why his experience on the bench is beneficial:
“As a judge, I’ve seen thousands of cases as opposed to practicing lawyers who may see hundreds. That gives me a perspective that is unique. I know what juries will do, and I know what is a reasonable ballpark range for settling cases. I can help people get there.”
Post, who served 26 years on the bench before entering private practice, focuses his practice on facilitative mediation, arbitration and litigation consulting. His mediation practice handles all types of civil matters including business disputes, property disputes, neighborhood disputes, family law and personal injury matters.