Mediation

I meet with legal counsel before mediation to discuss submitting confidential mediation statements, logistical details (such as location and format), and counsel's opinion on the most appropriate approach to the case. Sometimes parties prefer to proceed directly to caucus, while at other times they prefer to start jointly, with each side presenting opening statements. Additional topics for discussion may include preparatory efforts, the exchange of relevant documents, the use of technology, and who will be on standby.

Once the mediation begins, I use a facilitative approach to give each party an opportunity to present their case on their own terms. As the mediation progresses, I look for common ground and help the parties focus on their true interests and priorities. After becoming acquainted with the participants and gaining a deeper understanding of the case, I often proceed to reality testing and, if requested, to evaluation.

It is essential that the parties understand that the mediation will be conducted confidentially and professionally. Efforts will be made to encourage active engagement and to highlight the benefits of reaching an amicable settlement. I believe that, in most cases–regardless of the complexities–mediated settlements are the most effective way to resolve a dispute.