Mediation in Public Affairs: Building Solutions Beyond Gridlock
by Brad Boney
Seems today we witness polarized politics, public officials locked into rigid stances, talking past each other while solutions languish. Mediation or Alternative Dispute Resolution (ADR), provides a tool to overcome deadlock, grounded in timeless principles: listen, collaborate, and prioritize for the public good.
Like making sausage, the process of resolving public disputes can be messy, with competing interests and heated debates threatening to derail progress. Mediation assists by keeping parties on track, ensuring the focus stays on the issues that matter - roads, schools, safety, and services that strengthen communities.
It brings about a fresh perspective, unclouded by entrenched views, to guide discussions and oftentimes uncover shared goals hidden beneath division. This clarity transforms “compromise,” a word Americans often reject, into something greater: building solutions together for the greater good.
Mediation is efficient, cutting through endless debates and political posturing to save time and taxpayer dollars. It fosters cooperation, ensuring leaders can maintain productive relationships for future governance. This isn’t about settling - it’s about delivering results.
Proven successes, like the Massachusetts Wind Energy Task Force, Columbia River Basin water agreements, New Mexico water rights negotiations, and Seattle’s budget talks, have proven its effectiveness.
We all want a government that delivers, not one stalled by division. Mediation empowers leaders to rise above conflict and rediscover their shared purpose and quite often, "build something better".
ADR/Mediation isn't new, it's been around since before the Old Testament, somewhere along the way, we become fixated on division rather than collaboration. In a fractured era, mediation - this approach inspires action, turning gridlock into solutions for a stronger future for all. It doesn't guarantee a result, but can keep a good piece of public policy alive.
#Mediation #PublicAffairs #ConflictResolution #Leadership #Collaboration #Governance #PublicGood #AlternativeDisputeResolution #PolicySolutions #BuildingTogether.
Why Mediation Matters in Civil Lawsuits
by Brad Boney
Mediation continues to prove itself as one of the most effective tools for resolving civil disputes and I’ve seen firsthand just how powerful it can be.
As a mediator, I help parties communicate openly, move past sticking points (often tied to “principle”), and focus on realistic, workable solutions. The process is generally faster, almost always less expensive, and certainly less stressful than going to trial — and parties retain control over the outcome.
Of course, attorneys play a vital role. When they understand the value of mediation, they can assist/guide their clients through the process with clarity and purpose. I’ve worked with many lawyers who help their clients reach resolution without the time and cost of litigation.
Most importantly, mediation also restores a sense of dignity and cooperation to what is often a painful conflict. People are heard, relationships are preserved, and agreements are built — not imposed.
If you’ve never considered mediation in a civil case, I encourage you to look into it. It works.
#mediation #civiljustice #disputeresolution #alternativedisputeresolution #legalprofession #conflictresolution
Rising Debt Lawsuits and the Case for Mediation
by Brad Boney
High interest rates, inflation, and increasing medical expenses have resulted in a sharp rise in debt-related lawsuits, particularly credit cards, auto loans, and medical bills. Millions of debt collection cases are filed each year, and the trend is accelerating. Litigation under the Fair Debt Collection Practices Act (FDCPA) and Fair Credit Reporting Act (FCRA) saw double-digit growth in 2024. At the same time, medical debt remains a major issue despite efforts by federal agencies to remove it from credit reports. As financial pressures mount, many individuals find themselves at the receiving end of lawsuits that can be both overwhelming and costly.
In this environment, mediation offers a practical and cost-effective alternative to working with credit consolidation companies or hiring an attorney. While legal representation and credit counseling can be helpful, they often come with significant fees and limited flexibility. Mediation, by contrast, is typically much more affordable. Mediators charge either a flat fee or hourly rate that is often a fraction of what law firms or consolidators charge. More importantly, the process is faster and allows for creative, individualized solutions that work for both the debtor and the creditor.
One of the most encouraging trends is the increasing willingness of creditors - especially credit card companies, auto lenders, and medical providers to participate in the mediation process. Litigation can be time-consuming, expensive, and uncertain.
Mediation gives them a chance to recover a portion of the debt without the added costs of court proceedings or prolonged disputes. It also helps protect their reputation by resolving matters privately and respectfully. Many creditors now have internal policies that support or even encourage mediation as a first step before pursuing legal action, especially when the debtor shows good faith in resolving the issue.
For individuals overwhelmed by debt claims, mediation not only provides a less adversarial process but also gives them a real opportunity to take control of their financial future - without breaking the bank.
Email me if you have questions... brad@wbboney.com
#MediationMatters #DebtResolution #ConsumerRights #FinancialWellness #CreditCardDebt #AutoLoanRelief #MedicalDebtHelp #AlternativeDisputeResolution #LegalAlternative #CostEffectiveSolutions #DebtRecovery #FinancialMediation #PeacefulResolution #AvoidCourt #CreditorNegotiation #TexasMediator
Some courts in Galveston County relying on mediation to handle debt cases
Oct 28, 2020
After holding a mediation today, it appeared that we were headed for an impasse. The barrier was the "P" card. It's not uncommon to have mediations and negotiations break down due to one or both parties playing their "P" card, what's the "P" card? Principle.
The fallacy of principles in negotiation arises when one or both adhere to fixed beliefs or positions, often without considering the broader context or underlying interests. While principles can provide a moral compass, clinging to them too tightly during mediation often leads to an impasse. This occurs because the focus shifts from finding common ground to proving one’s point or maintaining a sense of righteousness. Mediation relies on flexibility, creativity, and a willingness to compromise—qualities incompatible with the stubborn adherence to immovable principles. When parties refuse to deviate from their positions, negotiations stall, opportunities for resolution diminish, and the conflict may escalate.
It is important to recognize that principle is not synonymous with integrity. Integrity is about staying true to your values and ethical standards while being adaptable to circumstances. In contrast, rigid principles often mask an unwillingness to engage in meaningful dialogue or consider alternative solutions. Clinging to principles at the expense of resolution can lead to outcomes that are counterproductive and even harmful. For example, in business disputes, an insistence on an unyielding stance can lead to costly litigation or damage to professional reputations. Similarly, in personal conflicts, relationships may become irreparably strained. Ironically, this refusal to compromise may result in outcomes that betray the very values being defended. To avoid these pitfalls, parties in mediation must balance their principles with pragmatism, ensuring their interests are addressed without sabotaging the opportunity for meaningful resolution.
The Fallacy of Principles in Mediation
by Brad Boney
When Judge Kerri Foley took over as the head of Galveston County Court at Law No. 2, she noticed that when many residents face legal action by debt collectors, they don’t to show up to court.
So, Foley decided to take a longtime judicial tool, requiring mediation, and apply it to debt cases — cases where an average resident owes credit card debt, she said.
The result has been a substantial uptick in the percentage of cases that end with a mutual agreement and, little did she know it at the time, but it also has made a tremendous difference during the coronavirus pandemic, she said.
W.Bradshaw Boney is an Advanced Credentialed Mediator, (family and civil mediation) through Texas Mediator Credentialing Association, W.Bradshaw Boney is not a member of the State Bar of Texas nor licensed to practice law in the State of Texas. All materials on this site are protected by copyright and intellectual property laws and are the property of W.Bradshaw Boney Unless stated otherwise, you may access and download the materials located on www.wbboney.com, www.wbradshawboney.com or www.wbradboney.com only for personal, non-commercial use. © 2025. All rights reserved.