mediation philosophy

The Value of a Skilled Mediator

A mediator’s expertise is in managing the dialogue among parties to surmount barriers to settlement, resulting in an agreement the parties would not have reached otherwise.

A skilled mediator can achieve something no litigated result can match – not simply resolving the dispute but repairing relationships and laying the groundwork for future cooperative ventures. When successful, the parties walk away feeling greater satisfaction with both the process and the outcome.

What I Bring to the Process

Whether you are the plaintiff’s attorney, the outside defense counsel, the in-house lawyer, or the client, I have sat in your seat and can view the matter from your perspective. This builds trust, making a mutually agreeable settlement significantly more likely. Trust is critical, but so is my ability to quickly distill a complex set of facts to its essentials. This allows the mediation process to proceed expeditiously and effectively.

My Commitment to You

I will work diligently and vigorously to help you settle your case. My work begins the moment I am hired or appointed. In every case, I will:

• Conduct pre-mediation calls with each counsel,
• Provide clear guidance for written submissions,
• Carefully read everything submitted,
• Actively listen to you and your client,
• Facilitate a respectful, professional process and create an environment conducive to settlement,
• Be creative,
• Be more than a “number carrier”,
• Give you my honest opinion.

Your Role in Mediation

The success of a mediation depends on everyone involved. In advance of your mediation session, you should:

• Provide a complete summary of the facts of the case, any applicable law, and any aspect of the case that you believe will affect settlement discussions.
• Know the key documents and witness testimony you will rely on to prove or defend your case, including damages,
• Have a firm understanding of what evidence will or will not come in at trial,
• Provide all the “ammunition” necessary to make your most persuasive case,
• Inform your client about the basics of the mediation process.

At the mediation:

• Be patient and realistic about the process,
• Listen carefully to the mediator and communicate clearly to your client,
• Don’t overreach.