11 www.loubar.org October 2024 and perspectives without interruption. The parties may be closer to an agreement than they think. They may have a “zone of possible agreement” of which nei- ther party is aware. In separate meetings with the mediator, the parties may be more open to sharing these underlying interests, helping the mediator pin down the “zone of possible agreement.” It is particularly conducive to a settlement for the mediator to return to the room and state, “Good news! You guys agree on all the important things! We just need to work out the details.” Shuttle mediation solves the problem of the various barriers to reaching settlement. • Communication barriers: One of the parties com- municates so abrasively that the other party can’t stand to be in the same room. Messages are sometimes easier to hear from the mediator after reframing. • Emotional barriers: The fight-or-flight reaction, the adrenaline rush, the need to vent in a safe space. • Information barriers: The reluctance to share specific information in a joint session, not knowing whether it will help or hurt the process. • Strategic barriers: A reluctance to share the true bot- tom line. • Unrealistic expectations: The mediator can use private sessions as a reality check for the parties (and their at- torneys). The benefits of shuttle mediation outweigh the slim chance that a mediator can act as a therapist for the parties under the UBM. The mediator can foster trust and build a relationship with each party in separate sessions. He can acquire insight about each party’s perspectives. She can listen empathetically to the parties. He can provide validation and positive interactions without fear of the appearance of partiality. She can obtain valuable feedback from the parties as to what might settle the case. Above all, the mediator can engage in creativity with the parties and their attorneys, arriving at solutions that would never be possible in court. Of course, not all litigation is high-conflict and emotional. Parties will voluntarily participate in pre-suit mediation to determine if a suit can be avoided altogether. The very will- ingness to attempt to avoid litigation bodes well for face-to- face mediation. Even in divorce and custody cases, it is not uncommon for parties to acknowledge that, despite the end of their relationship, they still want to co-parent effectively. These parties will not hesitate to sit down together and resolve their issues respectfully. The ABA research reflected no relationship between the choice of mediation style and a settlement being reached. Ultimately, despite the theories and scholarly articles on face-to-face mediation, it is not universally being used. Cli- ents see mediation portrayed on television and in movies as everyone at the same table, hurling insults at each other. This impression leads clients to ask their attorneys if they “have to” be in the same room as their opponent. Mediators want repeat business, so they continue to facilitate mediation in the way that the clients prefer. Most clients (attorneys and parties) prefer a mediation style that avoids interpersonal conflict and emotional triggers. They generally prefer real- ity checks and a space where they can be more candid with the mediator. It is up to the mediators, the attorneys and the parties to discuss the options and determine the best media- tion method for their case. Dana M. Eberle is a partner solely practic- ing family law at Church, Langdon, Lopp, Banet Law. She is a registered mediator and serves as a Guardian ad Litem. Dana is cur- rently co-chair of the LBA ADR/Mediation Section with her partner Larry Church. n (continued from previous page) LEADERSHIP ACADEMY Join the LBA Leadership Academy to sharpen your leadership skills, engage with prominent legal and community leaders and tackle critical professional issues. Designed for attorneys with 3-10 years of experience, this program offers valuable insights into ethics, service and professionalism while connecting you with local attorneys, judges and non-profits. Session topics include leadership assessment and development, team building and strategic planning, visionary leadership, work-life balance, ethics and professionalism, business development, community engagement, stress management and resilience building, technology and innovation in law and change management and diversity. Applications will be open from October 4 until October 25. Apply at www.loubar.org or by emailing Lisa Anspach at [email protected]. Sessions will begin January 2025 with monthly full-day sessions. The Louisville Bar Association Leadership Academy: Building ethical, professional and charitable leaders since 2006. LEAD. SERVE. EXCEL.