Mediation is a flexible process in which an impartial individual assists the parties to reach a voluntary settlement. The parties themselves decide to settle. The mediator does not dictate the result. The parties are not represented by the mediator. Instead, the mediator, through facilitative and evaluative approaches that best fit a particular case, strives to enable the parties to achieve an acceptable resolution of their dispute.

I will work with you as best I can to set up and realize a successful mediation. Communication is key. In general, I look forward to a frank and productive pre-mediation conference with the parties’ counsel, or the parties, usually by telephone, and to possibly engage in other pre-mediation discussions.

I will certainly be fully prepared for all mediation sessions. I will expect to receive before the mediation a summary from each party which advances the party’s best case. A party should, however, acknowledge in the summary any problems or weaknesses. I will allow the submission of a separate confidential statement along with the mediation summary. I will seek to assure that all persons essential for a successful mediation are present or involved, including lien holders, that the parties come to the mediation with draft settlement agreements and releases, and that we have appropriate facilities.

Mediation is not easy. It requires a willingness to compromise. It is a process which at times is frustrating, indeed painful. Success in mediation, however, reflects the parties’ ability to fashion a resolution themselves, one they may be better able to live with and abide by, than something imposed by a court.