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, and to get their 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 the order of issues to address, what preparatory efforts might be helpful, if there are documents to be exchanged, if technology will used, who should be present, who will participate on standby, and whether the mediation will be in-person, virtual, or a hybrid of the two.

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 to focus on their real interests and priorities in areas where differences remain.  After I get to know the participants and learn more about their case, I often move to reality testing and eventually evaluation, if requested.

Since people differ in how they approach disputes, I find it important to understand each person’s objectives and how one determines what is reasonable and fair.  I make sure everyone is comfortable and focused on the benefits of settlement.  I also enjoy the challenge, don’t give up, and typically offer several suggestions to assist the parties with evaluating their options.