Retired Chief Justice Frank Williams, Rotary Member Dan Murphy and President Mike Kelly

 

Retired Rhode Island Supreme Court Chief Justice Frank Williams gave us an inside view of how mediation helps disputing parties reach common ground and settle their issues without going to expensive (and risky) trials.

 

He said the first step is for the mediator to gain the trust of both sides, then to “get rid of the animus” and ultimately to help the parties find a solution that gives both sides something to like. Getting to harmony allows everyone involved to get on with their lives. If that cannot be accomplished, the option of a trial remains available.

 

Williams achieved a notable recent success mediating a pension settlement between the state and organizations representing 60,000 current and retired state employees. He said the deal involved “reducing the hurt” by promising additional relief to pensioners in the future when the state could afford it.

 

In his other current high profile case – 38 Studios – Williams said there has been some success but a ruling by the judge on legal issues will determine the final outcome.

 

A noted Lincoln scholar as well as jurist, Williams said the 16^th president used what we now call mediation before the term existed. But unfortunately he took office too late to use the technique to prevent the disastrous Civil War.

 

On a lighter note, he said he was hoping for the phone to ring when Tom Brady and the NFL went to mediation on Deflategate, but the call did not come his way