How my Mediation Process Works
My style is primarily facilitative, with a willingness to provide candid, evaluative feedback when appropriate. I am flexible and responsive to the needs of the parties, counsel, and the dispute. I recognize that mediation is a process, not an event, which allows parties to participate in the outcome of their case, and goes beyond rigid rules, focusing on problem-solving. I fully understand that active participation makes for a more satisfying experience for clients and their attorneys.
I am also empathetic and an excellent listener. I work to build trust with the attorneys and their clients from the beginning in the pre-mediation conferences. I take advantage of my ability to uncover hidden obstacles in pre-mediation conferences. This way, the mediation hearing focuses on facilitating the exchange of meaningful information, testing assumptions, evaluating settlement options against litigation risk, and testing possibilities for resolution.
Although flexible, I typically follow this approach.
First, I carefully review the parties’ substantive mediation submissions, including key exhibits and applicable law, and I conduct independent research.
Second, I conduct pre-mediation conferences to identify goals, motivators, risks, and barriers to resolution, interviewing each side separately before the mediation hearing. I work with both sides to separately assess the strengths and weaknesses of their respective positions. These pre-mediation discussions help lay the groundwork for a productive mediation hearing.
Third, once I understand each side’s position thoroughly and empathetically, I commence “shuttle diplomacy” during the mediation, taking care to articulate each side’s viewpoint to the other to advance the negotiations. To foster the mediation process, I may suggest mutually exchanging mediation submissions. I use joint sessions or caucuses, as appropriate, but typically do not open a mediation with a joint session.
But my mediation style goes beyond “shuttle diplomacy.” I bring creative thinking, high energy, and a rich collaborative approach to the mediation process. I make myself available to the parties when they need me to maintain the momentum in an ongoing negotiation. Based on my combined experience and years as a mediator, coach, and chief judge, I combine a personal, compassionate, and direct communication approach to the mediation process before, during, and, if necessary, after the hearing.