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Mediator Spotlight - M. Troy Hazelton

What drew you to become a mediator?

I was drawn to become a mediator because despite the hard work, mediating is a rewarding process that gives me joy at the end of a long, hard fought mediation between parties who “never thought they would settle.” 

The hard work of a mediation is gratifying and difficult, and I am always filled with pride, not of my efforts, but of the parties’ labor to confront the difficult truths of their dispute and the good and bad of their “positions” they had steadfastly pushed for so many years. I’ve seen parties screaming five hours earlier now walking the hallway towards their cars with joyous smiles when a deal is reached. I enjoy giving the parties the opportunity to find resolution no more attorney calls, no more signing verifications, no more sitting for depositions and you can see it in the parties’ eyes when they know the lawsuit is done. As the mediator, I have the privilege of guiding both sides towards a settlement, which they may not have thought was possible or at least feasible.  By 5:00 pm, I had walked through all their emotional turmoil to help them reach the unattainable.  I feel privileged they trusted me enough to let me participate in their dispute and to walk through this foreign process of mediation to help “end the fight.”  As mediators, we do not get the glory of a large award or the celebrated defense verdict, but as a mediator, I do not want such public recognitions two bitter rivals shaking hands in my blue carpeted hallway for a few seconds is all I need.

Can you share a memorable mediation experience?

I had a business dispute mediation involving numerous terms, some economical, others not, and during the ZOOM mediation I created a spreadsheet and with screen-sharing worked through each option with counselAs he was valuing some and not others, he blurted out “this is fun!” Rarely, is “fun” a description I get during the heat of the negotiations, so I took it.

What qualities do you believe are essential for a mediator?

An essential quality for a mediator is unyielding optimism. A mediator must wholeheartedly believe every case will and should settle. Without impenetrable optimism, a mediator cannot persevere against the negativity of negotiations.  

Counsel invariably will start a mediation by reciting why a case will not settle, and even if not, a distasteful offer or demand will come during the day that will support their negativityA great mediator projects optimism and confidence during all times to show the parties a settlement is always possible

What do you think is the most common misconception people have about the mediation process?

Most litigants, and even many attorneys, believe a case should settle faster than it always takesA settlement takes time, especially where the parties have ingrained beliefs and distrust of the other sideA mediation only settles at the speed of trustIf the parties do not trust the other side, it can take hours and days and sometimes months for the parties to trust, negotiate, and accept the dispute they had lived with for likely years is over Once a party accepts that a settlement takes time, they will have more patience for the process.

What hobbies or interests do you have outside of mediation that complement your role as a mediator?

I enjoy reading negotiations books and all the tactics the elite negotiators use. I love books by William Ury and Christopher Voss. With these books, I try to help the parties as they navigate their mediation and negotiations by pointing out implications of their offers/demands and discuss potential outcomes, options, or tactics.

Discover a better way to overcome real estate disputes at the C.A.R. Real Estate Mediation Center for Consumers. Visit www.consumermediation.org or call (213) 739-8376 to learn how our mediators can facilitate your dispute resolution with expertise and care.

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