Med Arb Well™
About the Mediation Process
Mediation is a collaborative process where the primary purpose of the mediator is to help the parties come to a mutually agreeable solution. In most cases, the mediator has much more latitude than the courts, and is sitting with the parties, not over the parties. It is not the mediator’s job to say: “this is not a good solution” or “I think you should do this.” The mediator can offer suggestions, if the parties seem at an impasse or request one. The best solution is the one the parties both feel is acceptable to them as the parties and the solution is up to the participants. Mediators do not decide the case – the parties do with the aid of their attorneys. The mediator is there to draw out, encourage, help communicate and such in ways that attorneys or parties alone cannot.
The mediation process is voluntary and confidential. (A court can order it, but let’s not worry about that here). You will get out what you put in.
The process allows people to explore not just the legal arguments in a technical format as one may have in court but also can discuss some of the emotional or financial concerns that may not be front and center to the dispute and yet are impacting the parties’ abilities to get past certain issues and to hear each other. Attorney’s jobs are to advocate their client’s best case. The mediator is there to help everyone find a solution and not favor either side.
Today I am pleased to offer mediation primarily virtually. This allows parties to have their own privacy and also have everyone together as the process flows. Documents can be executed electronically nearly instantly, and the parties can share documents as needed. It allows for a socially isolated process to accommodate multiple parties and multiple attorneys. It also allows a much more flexible schedule, so quick mediations (as may occur especially with temporary orders in family law) or evening mediations are possible.
I work with some pro se parties (parties who represent themselves) as well as cases with one more attorney on each side. I do request not more than 2 attorneys per side attend as it can be difficult for everyone with many attorneys on each side. I mediate private disputes (no court action has yet been filed), temporary order, final order, or post-judgment disputes when allowed by order or agreed to by the parties. I have handled a variety of disputes, but focus primarily on family law, landlord-tenant, contract, debt collection, and unusual cases.
If you have more questions, or feel you have a dispute I can help you resolve, please contact me. I am happy to discuss fees and availability.