"Together
we can resolve any dispute through mediation, arbitration, or litigation."
With over 22 years of legal and mediation practice, I have the breadth
and depth of experience to be an effective Alternative
Dispute Resolution (ADR) neutral or fierce advocate for your dispute. Unlike many ADR
practitioners, I have practiced in several areas of the law, so that
I can bring my varied experiences to the table. As detailed in my
biography I have both a family and business law background. I can
bring a business perspective to family law issues and the family
perspective to commercial disputes.
I make myself available to my clients when they need me, and to
assist them on weekends and after hours whenever possible.
The most common form of Alternative Dispute Resolution (ADR) is
mediation.
Mediation is
a form of guided dialogue between the parties, with the mediator
keeping the discussion civil and focused, guided by
the "Rules
of Mediation." Usually the parties are together
around a table, but if necessary I caucus with each individually,
from separate rooms, different sessions, by e-mail or telephone.
Each situation is different.
Most importantly, the mediator is not the decision-maker...the parties
are.
Mediation has several advantages over litigation or other forms
of ADR, including:
- It is usually less expensive than litigation
- You determine the
outcome, not a third party.
- You control the timing of the resolution;
the agreement is not effective until you agree to it, but you
do not have to wait
for
a judge for it to be
in effect.
- You can terminate the mediation at any time
- Through mediation
the parties can improve their understanding of the other side,
and therefore improve their abilty to communicate
with
each
other
- Mediation can help save a relationship, particularly in
a business dispute, or salvage the ability to communicate with
your soon-to-be-ex-spouse,
whereas
litigation creates so much bitterness that it makes future relationships
much more difficult
- The mediation process focuses on the future,
not on blaming the other party for his/her past conduct
- Mediation
is private and can help you retain your dignity and self-respect;
if started early enough, it keeps you from being
dragged through
the mud and having someone else (a judge) tell you what to
do
- The other side is more likely to comply with an agreement
he or she has helped create, thereby reducing the stress
and expense
of
post-judgment
litigation
- You can craft much more creative solutions than
a court can; for example, in divorce proceedings a court can
only order
marital personal
property
to be sold at auction, you can divide it in the agreement;
in business disputes
you can take tax consequences into consideration and
fashion the agreement accordingly; the court will not do that.
The mediator's primary consideration is getting the parties to identify
his or her interest, and to move them away from arguing about his/her
position. For example, each party's position may be that he/she wants
the orange, but in reality, one's interest may be in the juice for
drinking, and the other in the rind for cooking. Once these interests
are identified, the parties can each have what they need, and resolve
the dispute!
Please visit our
website for additional information. |