Caldwell & Kearns, P.C.
877-490-6665 717-743-1682

Protecting clients in the most complex legal disputes

Allowing mediation to transcend legal remedies

Transcendental Meditation (TM®) is a familiar concept to those of us baby-boomers who grew up in the 1960's. However, without seeking to infringe on the Maharishi's trademark, and following the axiom that "less is more", the removal of a single "t" from that phrase results in a concept which may be even more useful in resolving construction and other business disputes. ADR/Mediation

Transcendental mediation refers to a mediation process which attempts to identify goals of the parties which may be of greater importance to them than straightforward legal remedies. For instance, in a dispute between a well-established general contractor and a fledgling subcontractor, it may be more important for the subcontractor to obtain assurances of future work from the general than to recover the maximum amount of damages in a disputed contract claim. The beauty of mediation is that it allows the parties to "think outside the box", with the box being the standard legal remedies which may resolve the present dispute but which might leave both parties unsatisfied concerning future business prospects.

Both the parties and their attorneys in mediation should remain attentive to discover opportunities for such "transcendental" remedies to enhance the prospect of a resolution which not only solves the present problem but serves to enhance future opportunities for both parties. When such "outside the box" remedies are proposed, it is the attorney's job to test their validity and enforceability, but ultimately to get out of the way when the parties have discovered better remedies than the courts might have been able to provide.

Next time: "Using Mediation to Create the "Win-Win" Result.

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Caldwell & Kearns, P.C.
3631 North Front Street
Harrisburg, PA 17110-1533

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Hershey, PA 17033
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