Litigation is often the result of a breakdown in communication.  It is a contentious process - inefficient, costly, unpredictable, time consuming, divisive and risky.  Indeed, it often yields a result that neither party wanted.  Mediation offers parties the opportunity to have more control over the outcome of their dispute, and over their future.  It is a more efficient, less expensive, and less risky process for the resolution of disputes.

 

As of Jan 1, 2023, every mediation session I have conducted (almost ten) has resulted in a successful resolution.  That streak will end, of course, but it speaks to my ability to help parties understand the strengths and weaknesses of their own positions and reach a common ground.   

 

My approach to mediation is to facilitate communication between the parties – to explore solutions they were reluctant to express to each other before, or to explore new solutions, not previously considered that can meet their objectives.  Mediation provides parties with the ability to craft creative solutions that would simply not be possible through the adversarial process.  Mediation also offers the parties and their attorneys the opportunity to test their theories on an experienced neutral - to get some feedback on their positions.

 

Every mediation is different, requiring different styles.  I encourage and help parties to rethink their positions, realistically assess the risk of failure, develop shared goals with their adversaries, and put aside personal antagonisms that impede settlement.  Throughout my career, I have been able to help people clarify misunderstandings, explore new areas of discussion and be sensitive to unspoken issues and relationships that sometimes interfere with thoughtful consideration of solutions.  

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Litigation is not a win-win exercise.  Not every mediation results in a resolution, but it provides parties with the satisfaction of knowing they did their best, with the assistance of an experienced neutral, to explore whether a mutually agreeable alternative exists to continuing the litigation battle.

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Compensation

$450/hour

Standard reimbursement for travel expenses.