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

Once the mediation begins, I use a facilitative approach to provide each party with an opportunity to present their case in their own terms.  As the mediation progresses, I look for common ground and assist the parties in concentrating on their true interests and priorities.  After acquainting myself 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 for the parties to understand that the mediation will be conducted confidentially and professionally.  Efforts are made to ensure active engagement and to highlight the advantages of reaching an amicable settlement.  I believe that in most cases–regardless of the complexities–mediated settlements are the most effective means to resolve a dispute.