In its purest form, mediation is a structured, dynamic, and informative process facilitated by an independent and neutral third party (the mediator) who assists opposing parties settle their differences, resolve conflict, and find peace. With the right approach, purpose, and structure, effective resolution can be obtained in disputes that seem unsolvable. Having successfully prosecuted, defended, mediated,and settled securities and consumer class actions, breach of contract and fiduciary duty matters, shareholder derivative suits, workers compensation cases, nursing home disputes, and a variety of complex, commercial litigation and arbitration matters in jurisdictions and forums around the country, we are committed to efficiently fostering conflict resolution with purpose, creativity, and neutrality.
If you have never mediated before, we are happy to describe the process in greater detail. If you have been mediating for decades, we are happy to learn more about your case, needs, and timeframe.
Once the decision has been made to mediate, we will pick a date, time, and location for the mediation that works for everyone. From there, we will work backwards to establish a schedule for a pre-mediation conference call, submission of mediation statements, and any final necessary conversations before the big day to clarify any remaining questions. We will urge all parties to ensure that real decision makers with full authority to resolve the dispute attend and participate in the mediation.
Submitting a thorough mediation statement before the mediation is of tremendous value to all parties The mediation statement should summarize your case, outline your strengths, acknowledge your weaknesses, and identify issues for discussion. We will thoroughly review everything you prepare for our review prior to the mediation.
By the time that we actually mediate, we will be thoroughly educated on the outstanding issues and the parties’ perspectives and positions. At the outset of the mediation, a brief opening statement from each party will set the stage for the day’s discussions and negotiations. We will work with purpose, efficiency, creativity, and neutrality to create an optimal setting for conflict resolution. After an agreement is reached, we will document the parties’ resolution and continue to work on any remaining issues until the matter is fully and finally settled.