Taking Control of the Situation

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The Coronavirus “delta variant” is surging according to current news reports. Many people are nervous and upset, even scared about it. Some reports say that even vaccinated people can be infected, resulting in getting sick or passing the virus to others, or both. Unvaccinated individuals, news sources say, are at the most risk.

Many are on edge about the unpredictability of the disease and their own safety. They feel as if they are not in control.

To “take control” is to “gain, assume, or exercise the ability or authority to manage, direct, or influence something.” https://idioms.thefreedictionary.com/take+control+of .

Some people seek to take control of the delta situation by having been vaccinated, wearing a mask, practicing social distancing, and so forth, even though they may be tired of these practices after so long a time.

Some will seek to take control by getting vaccinated for the first time.

Some people feel as if they are not in control of their own lives if they are being pressured to vaccinate or wear a mask, and to “take control” they refuse either or both.

All of this brings me to the discussion of “taking control” of another situation:  litigation.

People are not necessarily “in control” of a lawsuit in which they are involved. There is much uncertainty and risk, not unlike the unpredictability or the fear of infection from the delta variant.

In litigation, people cannot control everything, not the opposing side or its attorney, not the judge or jury, not the outcome or cost.

Some ignore the risk, believing in their own infallibility (perhaps like those people who won’t vaccinate or wear masks?).

Some look for other ways to take control.

One way is mediation.

In mediation, a key concept is self-determination. Another is informed decision-making. People can choose whether or not to engage in the process, learn more about their predicament and possible solutions, and make appropriate decisions for themselves as to settlement, if at all, and its terms.

Mediation thus presents the opportunity to take control of the situation, find certainty of outcome and the management of risk and cost. It is, in other words, where people can “gain, assume, or exercise the ability or authority to manage, direct, or influence” something otherwise risky, costly, and uncertain. Ibid.

However, during the pandemic, and considering the spike in the delta variant transmissibilty, that mediation might take place online. That is how this writer is conducting mediations at the present time.

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David I. Karp is a full time independent mediator of real estate and business disputes in Southern California. His website is at http://karpmediation.com

*This post is marked “Advertisement” so as to comply with the State Bar’s Rules of Professional Conduct if applicable.