Mediation is a process of resolving disputes between parties regardless of whether the dispute is in litigation, required by contract, or simply a dispute where the individuals involved desire a neutral mediator to guide them towards a resolution. Mediation can occur before, during, or even after a lawsuit and does not require that the parties actually be in litigation.

Mediation is completely confidential. This encourages frank communications between the parties and the mediator. Nothing divulged in mediation may be used by either party against the other in any subsequent proceedings. The goal of any mediation is to achieve a solution that is accepted by both parties as the best overall resolution to the dispute and to avoid the often time consuming and expensive process of litigation.

If the parties agree we will meet for a brief joint conference where the process of mediation is explained. Next the parties will separate into their respective conference rooms. At that time I will meet with each party individually to permit open and frank discussions about each party’s claims, defenses, and any potential legal or evidentiary issues with the goal of guiding the parties to a mutually agreeable resolution of the dispute.

The length of a mediation depends on the parties. For this reason I schedule mediation for either a half day (4 hours) or a full day (8 hours). If the parties are moving forward and additional time is necessary, I am happy to extend the mediation provided all parties agree.

Mediation is a cost effective method of dispute resolution. If a successful agreement is reached by the parties, it will save each party a substantial sum in expenses and attorney’s fees that may otherwise have occurred barring a settlement agreement. In addition, the confidential aspect of mediation allows frank discussion of each party’s claims and defenses in a private and confidential matter, which discussions will not be disclosed to any other party without express permission. This permits a party, and its counsel, to adequately evaluate not only the strengths and weaknesses of its own case, but of the other side’s case as well with input from a neutral third party.

It is my goal to assist each party and guide them towards an equally acceptable resolution to their dispute. While I recognize that in some circumstances this is simply not possible in some circumstances, I have found that an acceptable resolution can be reached in most instances that provided each party is willing to openly discuss the case consider the opposing party’s viewpoints. Thus, I will utilize my experience to guide the parties in these discussions towards the resolution that will benefit both.