MEDIATION & ARBITRATION PROCEDURES (Scroll to the bottom for Arbitration)

SCHEDULING

You may schedule a case on the Calendar & Contact page. You may also call or e-mail me with proposed dates or time frames and preferred locations. I am also available to talk to your group or firm about the “3 Universal Factors of Success” in mediation.

OVERVIEW

My goal is to help you settle the case. My job starts the minute I am retained. I work until it's settled. 

My approach varies over the course of a case. Expect me to listen, ask questions, evaluate, coach, and at times direct the parties and counsel.  We will have frank discussions about the risks and potential benefits of resolving the dispute through negotiation instead of letting others control the outcome in court or arbitration.

IN PERSON OR ONLINE?

Consider whether to mediate in person or online. Consider the advantages and efficiencies of either one. More information about online mediation and arbitration can be found here.

PRE-MEDIATION WORK

I begin working on the case before I receive confidential statements. I will call or meet with counsel or party representatives to talk about relevant history, important facts, and your positions on key issues before we meet. We will also discuss the following:

• What needs to occur for the parties to be fully prepared to resolve the case?

• The participation of all necessary parties, representatives, and decision-makers.

• The status of insurance coverage and participation of claims professionals.

• Time, location, and other logistics.

• Anything else important for me to know.

ATTENDANCE & PARTICIPATION

In my experience, successful mediation requires participation of persons who have full settlement authority. I will be prepared to work as long as it takes to resolve the dispute but please let me know if anyone has travel restrictions.

CONFIDENTIAL STATEMENTS

Send confidential statements and supporting materials to me as soon as possible. In addition to your perspectives about the dispute, tell what I’m going to hear from other participants. Let me know what’s to be kept confidential. I encourage the parties to share as much information as possible with each other, including but not limited to, latest demands and offers.

CONFIDENTIALITY

All participants will sign a confidentiality agreement as soon after I am engaged.

SETTLEMENT TERMS

Consider how the settlement will be documented in the event that we are able to come to terms that will resolve the dispute. Special terms may be important to one or both parties. Thus, counsel may wish to share proposed settlement language in advance or bring your drafts to the mediation.

ARBITRATION

I take conflicts of interest (and the appearance of conflicts) very seriously. Assuming I have no conflict, I will contact counsel to work out the parameters of the arbitration and issue the written award in two weeks or less from the date of the last hearing . Online Arbitration Procedures are available here.