SERVICES & PROCEDURES

MEDIATION

 

Scheduling

My goal is to help parties find a way to resolve conflict. My job starts the minute I accept a case. I work until it's settled. 

My mediation style may change over the life of a case, adapting to the needs and requests of the parties.  

Expect me to listen, ask questions, negotiate, problem-solve, evaluate, propose, and at times direct.  We will have a frank discussion about the risks and potential benefits of resolving the dispute through negotiation instead of litigation.

You may schedule a case on the Calendar & Contact page. You may also call or e-mail me with proposed dates or time frames and preferred locations. I will respond right away.

Attendance

 

Statements

 

Pre-mediation work

 

Confidentiality

Settlement Terms

In my experience, successful mediation requires participation of persons who have full settlement authority. This includes not only people who have ostensible authority, but those who may have influence upon your clients. Although I have a strong preference for all such persons to attend the mediation in person, at the very least, please obtain their cell phone numbers and ensure their availability after hours. I will be prepared to stay as long as it takes to resolve the dispute but please let me know if anyone needs to leave before 5 p.m. on the day(s) we meet.

Please send confidential statements and supporting materials to me as soon as possible. Include your goals for the process and your recommendations for achieving those goals. In addition to your perspectives about the dispute, please share what you believe to be the views of others along with anything else that might help me understand the full picture of the situation. Let me know whether all or some of it shall be kept confidential. I encourage the parties to share as much information as possible with each other, including but not limited to, latest demands and offers.

I will call or meet with counsel to talk about relevant history, important facts, and your positions on key issues before we mediate. I hope to learn anything and everything that will maximize the likelihood of resolution when we meet. Among other items, we will discuss the following:

  • What, if anything, needs to occur for the parties to be fully prepared to resolve the case.

  • The participation of all necessary parties, representatives, and decision-makers.

  • The status of insurance coverage and participation of the carrier.

  • The time, location, and other logistics of the mediation.

  • Your suggestions to improve the effectiveness of the mediation process

All participants will sign a confidentiality agreement before we begin the session.

Please consider how the settlement will be documented in the event that we are able to come to terms that will resolve the dispute. Supplemental terms may be important to one or both parties. Thus, counsel may wish to share proposed settlement language in advance or bring your drafts to the mediation. Also, I ask counsel to think about how post-agreement disputes will be handled, if necessary; perhaps through mediation or arbitration.