Member

Mediation is often the last opportunity for the parties to solve their problem before committing to the litigation process. As mediator, my job is to ensure that the parties and their counsel have thoroughly wrestled with the choices: Do we settle now? What are the costs of going forward? How can a party achieve its goals? What are risks of going forward? Can we put this problem behind us? Given my significant experience as an arbitrator, parties and counsel often seek my input on likely outcomes if the case were tried. I am always mindful of the mediator's duty to assist the parties in finding their own solution and not imposing his own. I will not always offer my thoughts on case evaluation, and if I do so, I am careful about how I deliver that message. I encourage all parties to think critically about the realistic outcomes if the case were tried. I bring a flexible approach to mediation, adapting the process to fit the circumstances. For example, while many cases benefit from joint opening sessions, not all do. I believe that pre-mediation preparation by the mediator pays substantial dividends. Before the mediation session, I spend time with counsel on the telephone to explore their view of the problem, and to educate myself on the dispute. I will both gather information and encourage counsel to begin thinking about possible settlement approaches. I believe it is important for the mediator to begin the mediation session with a solid grounding on the nature and background of the dispute facing the parties. In the end, I see my most important responsibility as keeping counsel and clients focused on problem solving, and helping the parties find their own creative solution.