Ellen Malow’s “War Story”: Principles can be very expensive.

Ellen Malow’s “War Story”: Principles can be very expensive.

A successful trial lawyer for over ten years, Ellen Malow decided over a decade and a half ago to instead use her skill set to help parties create win/win scenarios rather than win/lose results. One of the many lessons Ellen has learned as a seasoned mediator is that principles can be very expensive:

By the very nature of the process, each mediation creates a war story.  Mediations bring conflicts to the forefront in an effort to obtain resolution. Sometimes it comes from a party who tells their tale. Other times the attorneys create the story through zealous advocacy.  Often times there is a war on all fronts.

With over 16 years of mediating thousands of cases, there are lots of stories to tell.  I have mediated an extensive number of sexual harassment cases and they often have the most salacious facts.

Yet, a seemingly benign contract case can turn into something contentious.  I recently mediated a case over the purchase of a commercial saw.  The saw was rejected by the buyer.  It seemed like it would be a simple dispute to settle but by the time of the mediation, the buyer and seller saw the transaction from an emotional standpoint instead of from a business approach.  Every demand and offer was hard fought.

They argued to the bitter end and when it was resolved, they spent more money on legal fees than the price of the saw.

The lesson is that principles can be very expensive.

Ellen Malow is an independent mediator and arbitrator and a long-time friend of SynerG Law Complex and often hosts mediations at SynerG’s top-notch facilities.

Malow Mediation & Arbitration, Inc.

All Sides. One Solution.




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