Sometimes parties just need to be heard. I’m here to listen.
A new approach to dispute resolution
My background in psychology and psychotherapy allows me to take a step back, and really see the parties as they are when they enter into mediation. I am not there to solve their problems, but when I understand the problems better I can in turn offer counsel my professional opinion as a mediator what might be necessary to resolve the matter. I am not a lawyer, which I make clear to the parties, and they are usually quite receptive of this because they feel as though a non-lawyer has a clear view of their dispute beyond simply the legal issues.
The parties tell the story
I read the mediation briefs closely, because when done right they are what counsel uses to tell their client’s story. Every client has a story as to what has brought them to mediation - why they are pursuing this matter, and why they may have an appetite to settle before diving deeper into litigation. I do my best to learn that story, both through the briefs and when I meet the parties. I also make sure to thoroughly review any relevant case law, so that I can offer counsel my perspective as to what may happen if the matter does not settle.
My Process
1
Review the briefs
I ask to have sufficient time to review your briefs and materials prior to the mediation, so that I am well-prepared and can be fully of service to you and your clients.
2
Lay out the day
I am keenly aware that your clients may not have attended a mediation before. I walk them through the process, either jointly or separately, and explain that I am a neutral force only there to help achieve a resolution.
3
Stay flexible
Experience has taught me that no two mediations are the same. While I am available to offer counsel my professional opinion on next steps, I focus on staying flexible, and assisting counsel in bridging the gap between their clients.
“Bravery is the choice to show up and listen to another person, be it a loved one or a perceived foe, even when it is uncomfortable, painful, or the last thing you want to do.”
— Alaric Hutchinson
FAQs
Will you do half-day sessions?
Yes, I am available to do half-day sessions, but I always recommend that counsel keep their calendars clear for the day in case we run overtime (provided I am available). It may take an extra hour or so to finish drafting those minutes of settlement, or hammer out the last facets of a deal. I am happy to continue working at an hourly rate, but would hate to walk away if the parties are on the cusp of settling any outstanding issues.
Do you open with joint sessions?
While I commonly conduct joint sessions to open a mediation, I know that they are not right for every dispute. The parties may have heightened sensitivities to one another, especially if there has been harassment or unprofessional conduct in the workplace for example. I will ask counsel prior if there are any sensitivities that I need to know about, and can adjust my approach accordingly. I also advise counsel to connect with each other through the day and discuss resolution strategies, even if the parties are unwilling or unable to meet face-to-face.
What if we cannot settle at mediation?
Not all files settle at mediation, but that does not mean that mediation needs to be the end of the road. Counsel often continue their without prejudice discussions after a mediation that does not settle, and deals are frequently struck in the days or weeks following. I make sure to follow up with counsel, and am able to provide a qualified opinion on a call with counsel if both sides are interested.
Need more information?
My office would be pleased to work with you in helping to resolve your dispute.
Fill out the form with your case information and we’ll be in touch shortly.