Approach

Mediation Philosophy— Hard Discussions Behind Closed Doors

I bring to each mediation 30-plus years’ experience as a litigator representing both plaintiffs and defendants in all types of matters, including many complex, high dollar, multi-party cases. I draw from that experience to offer direct, straightforward reality checking when meeting privately with each side.

That’s when the real work of mediation happens. No more litigation spin, no more posturing—just honest discussion and assessment. The attorneys who hire me want and expect that I will candidly evaluate the strengths and weaknesses of both theirs and their opponent’s cases without pulling any punches. This enables real negotiations to finally occur based on what each side can actually argue and prove.  

I don’t determine that a case should or should not settle for a certain amount, nor do I attempt to “level the power dynamics.” That’s the attorneys’ job. My job is to facilitate meaningful, realistic discussions that lead the parties to a decision point--- does it make sense to settle their case on the terms the mediation process has produced?

In order to do this effectively and credibly I read and thoroughly digest all of the materials both sides have provided. I then usually round out my understanding in private discussions with each attorney prior to the mediation. By the time we sit down for mediation I have taken the time to learn each side’s case, warts and all.  

Finally, persistence. As long as I sense there’s still an opportunity for the parties to come to an agreement they’d both find acceptable I will keep working the case. There have been many times where both attorneys will tell me at 10:00 am that the case will never settle and at 6:00 pm they are inking their agreement, happy they were able to get it done.  Persistence pays.