As an active trial lawyer with over 33 years of experience, certified mediator Jill Bollwerk brings valuable real-world insight to every mediation case. She understands the challenges and uncertainties that come with litigation and uses that knowledge to help parties find practical, mutually beneficial solutions.
Here, we outline the preparation process Jill uses to set the stage for successful outcomes.
Reviewing Case Details and Documents
Jill begins each mediation case with an in-depth review of all relevant documents and case details. This includes:
- Pleadings and court filings that outline the legal issues in dispute that are available online
- Any documents sent to her for review by the parties, including Medical records, , witness statements, contracts, insurance policies, videos.
- Scheduling a pre-mediation phone call with each attorney to better understand positions and to plan out a roadmap for the negotiations.
Jill is committed to understanding the perspective of both sides, a quality shared by other female mediators. “I think there is a misconception that women are too soft to be mediators,” Jill said. “But that might actually be a good quality. Mediators are not supposed to act as judge and jury. Mediators are not supposed to act as bullies. Mediators are supposed to be neutral and facilitative.
Identifying Potential Roadblocks to Resolution
Jill’s background as a litigator gives her insight into potential obstacles that could derail the mediation process. As she reviews the case materials, she looks for:
- Emotional triggers or unresolved conflicts between the parties
- Gaps in information or understanding that need to be addressed
- Unrealistic expectations about potential outcomes
- Logistical hurdles like travel limitations or technology challenges
Building Rapport and Trust With Mediation Participants
To lay the groundwork for productive conversations, Jill:
- Schedules preliminary phone calls or meetings with attorneys to introduce herself and explain her role
- Asks questions to understand each party's communication style, concerns, and goals for the mediation
- Shares her own background and approach to demonstrate her commitment to neutrality and fairness
- Invites participants to express any hesitations or ask questions about the process
- Emphasizes the confidential nature of mediation to create a safe space for candid discussions
Jill’s past experience has taught her that a foundation of trust is essential for guiding parties toward a mutually satisfactory outcome. “When I am hired to mediate a dispute, I do my best to not only understand the dispute and the parties’ relative positions, but I also try to determine the underlying emotional needs of each party,” she said. “Litigation can take a psychological toll on people, so as a mediator, I find it important to address and work through the emotions of the parties as well as the objective facts.”
Developing a Customized Mediation Strategy
Jill serves as a mediator for a wide range of car accident claims and other personal injury cases, as well as disputes involving insurance contracts, probate, and employment issues. No two disputes are exactly alike, so Jill tailors her approach to fit the unique dynamics of each case.
Based on her assessment of the issues and personalities involved, she might opt for:
- A facilitative style focused on helping parties communicate openly and develop their own solutions
- An evaluative approach where she helps the parties understand the strengths and weaknesses of each side's case
- A transformative model aimed at empowering parties and improving their overall conflict-resolution skills
- A combination of styles customized to the needs of the specific dispute
Jill also considers how factors such as the relationship between the parties, power imbalances, and cultural differences could impact the mediation process.
Attorneys: Resolve Your Legal Dispute With Skilled St. Louis Mediator Jill Bollwerk
If you're ready to explore mediation for your client’s legal dispute, Jill is here to help. Call our office at (314) 315-8111 or schedule a mediation session through Lexitas ADR to take the first step toward putting your conflict behind you.
