About mediation

Mediation is increasingly the choice of lawyers and their clients as the most favorable method of dispute resolution. Mediation resolves a dispute privately between parties with the assistance of a mediator using a relatively informal process. The format of the mediation is tailored to the unique needs of the parties.

The majority of the mediations I conduct take place in the context of an existing law suit between the parties. The commencing of a law suit is not, however, a pre requisite for a mediation. Many mediations are conducted, and succeed in resolving a dispute, without the expense of initiating litigation.

Discovery rules and various pre trial procedures more or less ensure that all parties to a civil dispute have the same information. The difficulty begins when each party inevitably makes a “different movie” out of the same information. Their perspectives differ and their positions often become rigid. The stars of their movie are the same, the supporting cast is the same and even the plot is basically the same. However, the endings are vastly different.

The success I have enjoyed as a mediator comes from my ability to help each party see why the other party made they movie they made. I am able to establish trust and an acknowledged shared outcome with each party that enables us, together, to work towards a mutually satisfying outcome. Once this occurs, the parties, with the assistance of their counsel, are able to assess risk and are able to make informed decisions regarding settlement.

No two mediations are alike. My proven ability to assist parties in resolving their disputes comes from, in no small measure, my ability to respond quickly and appropriately to circumstances as and when they occur. This ability is drawn from many years of mediation experience but also from more than two decades as trial counsel.