Thoughts on the importance of the mediator's offer from Judge Rebecca Westerfield

Thoughts on the importance of the mediator's offer from Judge Rebecca Westerfield

In December 2023, a meeting was held with a living legend - Rebecca Westerfield, mediator, arbitrator, special judge of JAMS.

Ms. Westerfield has received honorable awards, including: US National Mediator (2019-2023), Mediator of the Year by Best Lawyers (San Francisco, 2021), Fellow of the College of Commercial Arbitrators, certified by the International Institute of Mediation, SuperLawyers ADR (2006-2023).

The speaker shared her vision of the importance of the mediator's proposal. During the event, the participants discussed the role and importance of mediation proposal, as it is a tool used when the parties cannot reach an agreement for a long period of time despite their efforts. In such a case, the mediator proposes solution options for the parties to consider, usually focusing on the distributional (quantitative) aspects of the proposals. The parties are given time to review and respond to the proposal, which remains confidential. If both parties accept the offer, it becomes the basis for the mediated settlement.

Judge Westerfield emphasizes the cautious and strategic use of mediator's proposals to help the parties resolve conflicts effectively.

Particular attention was paid to maintaining confidentiality during the mediation process.

You can watch the recording of the event HERE.

The event was held with the financial support of the European Union within the framework of the Project “CONSENT: Enhancing the Role of Alternative Dispute Resolution in Ukraine with a Focus on Mediation", implemented by the Ukrainian Academy of Mediation.