Welcome to my website. First, a few words about my approach to mediation.
A good business dispute mediator must be able to evaluate a case in short order . . . identify the strengths and weaknesses of each party’s case, sort through and prioritize complex factual situations and apply substantive and sometimes obscure legal principles. Over the years, a good litigator develops these abilities together with a “gut” sense of a case’s “warmth” and the likelihood of success.
But that’s not enough. A good mediator pretty much keeps the evaluation to himself or herself and uses it for asking questions to fill in gaps. In addition to evaluation, however, a good mediator must also be a very good listener . . . because that’s what really happens in a mediation session.
Mediation is based on enabling the parties, not their lawyers, to craft their own terms of a settlement, based on their personal values. While lawyers are trained to focus on the law and a dispute’s objective facts, the parties’ stated positions are driven by the facts as they see them, generally a highly subjective . . . even emotional . . . matter, making it necessary to identify the core factors or interests driving each party’s outward positions. To do this, a good mediator must be a very good listener . . . respectful, sincere and non-judgmental. If so, the parties will respect and trust the mediator as impartial, opening the way to a fruitful discussion.