Mediation

Mediation affords parties a way to avoid expensive trials by providing a common sense approach to resolving disputes. Its advantages include:

• • Confidentiality
  • Cost-effectiveness
  • Flexibility
  • Greater Control Over the Outcome

Mediation Philosophy

I confer with counsel before mediation to discuss submissions of confidential mediation statements, logistics (location and format), and to get counsel’s opinion as to how best to approach the case.  Sometimes parties prefer to go straight to caucus while in others, the parties prefer starting jointly with each side presenting opening statements.  Other matters to be discussed may include what preparatory efforts might be helpful, if there are documents to be exchanged, if technology will be used, and who will be present or participate on standby.

Once the mediation begins, I use a facilitative approach to give each party an opportunity to present their case in their own terms.  As the mediation progresses, I look for common ground and help the parties focus on their real interests and priorities.  After I get to know the participants and learn more about the case, I often move to reality testing and eventually evaluation, if requested.

Irt is important for the parties to know the mediation will be managed confidentially and professionally.  Efforts are made to keep everyone engaged and focused on the benefits of settlement.  I believe most cases, no matter how difficult issues may have been in the past, can be settled through mediation with the help of a patient and skilled mediator.