Kilby Mediation

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Dishwashers and Clouds: Perspectives on Conflict

Come with me on a journey from household conflict to a Joni Mitchell song.

Some of you will have visceral reactions to the photo below. Some will wonder what I’m talking about. The point is that there are many different ways to load a dishwasher.

In lawsuits there are many ways to present a case, and a few ways to win. Some cases are doomed on their facts and some on the law. Some cases are strong on both. Regardless, experienced lawyers know that nothing is ever totally certain.

Maybe your excellent facts can be interpreted differently, or maybe there’s a gap in the narrative that could plant a seed of doubt in the trier of fact’s mind. Maybe your authorities don’t land as well with someone who hasn’t lived with the case for three years. Or maybe the law changed between the claim issue date and now.

Enter mediation.

Mediators bring a perspective that can help you see things from another point of view. Whether it’s a fresh take or the impartial communication of the other side’s argument, the mediator can help you see both sides of your case, which will always help you assess your options.

These Joni Mitchell lyrics come to mind:

I’ve looked at life from both sides now
From win and lose and still somehow
It's life's illusions I recall
I really don't know life at all.

Certainty is the surest path to surprise. Come have your assumptions tested in mediation, and see what else is possible for your case!