About Mediation

Why Mediation?

If you are in a dispute headed toward court litigation, or if your dispute already is in court, you may have a far better alternative. Voluntary mediation. It offers the opportunity to reach an early, quick, and reasonable settlement at a relatively modest cost.

Americans in all walks of life have been turning to mediation to avoid the high monetary and personal costs of an all-out legal war that offers no assurance of victory and often take years to resolve. Mediation also may allow the parties to preserve rather than destroy valued relationships.

My Background:

My career as a lawyer in Washington D.C. (1964 - 2000) confirmed the many advantages of such settlements. I helped individuals, families, and businesses develop a clearer understanding of their best interests, often when their feelings were passionate about what was at stake; and I explored with them ways to achieve those interests short of litigation.

My mediation interests track my experiences as a lawyer. These range widely in planning and negotiating business, tax, financial, real estate, estate planning and inheritance matters. I advised clients on organizing businesses; ownership and operating agreements for stockholders and partners; arrangements for bringing in new owners and terminating existing ones; employee issues; fringe benefit and retirement plans; purchasing buildings and securing office leases; bank financing; investment strategies; estate planning problems confronting families; and disputes among heirs. Throughout, I drew upon my understanding of tax laws.

Agreement to Mediate:

Mediation requires the consent of all parties to the dispute. The mediator has no legal power over the parties; indeed, a party at any time may withdraw from the mediation, without penalty. The parties may bring counsel if they wish. Prior to the mediation, the parties sign an agreement that sets forth the terms of the mediation. These include an agreement that anything disclosed to the mediator will remain confidential; the parties agree, therefore, that the mediator cannot be used as a witness in any subsequent litigation to reveal what transpired at the mediation, nor may the mediator's notes be used as evidence. The mediation agreement also covers the mediator's fee, typically borne equally by the parties.

Working with the Mediator:

The mediator meets with the parties jointly and individually. Discussions are informal, unlike legal depositions or testimony in court. During individual meetings, the mediator encourages parties to examine their self interest more objectively; to explore new alternatives that might bring the parties closer to a resolution; to consider possible favorable and unfavorable outcomes if litigation were pursued; and to recognize which desirable outcomes might be available by agreement of the parties that could not be achieved in court. Each party also is assured that the mediator will not disclose any statements made in confidence by a party that the party does not wish disclosed. This encourages parties to confide in the mediator about their views on a host of issues, such as the weakness of their positions, the strength of the other side, or settlement proposals they might consider.

Settlement Agreement:

A settlement agreement of the parties is formalized in a written document to be signed by them. Unlike a decision of a judge or jury, this agreement may be customized by the parties to meet their particular needs. Once signed, this agreement becomes binding on all parties and enforceable in a court of law.

To summarize, if you would like to find a quick and relatively inexpensive way to resolve a dispute, mediation may be your answer. I would be pleased to speak to you, without charge, about the possibility of serving as a mediator.