Experienced, Practical and Creative
- We Accept A Limited Number of Cases
Our Managing Members accept only a limited number of disputes or cases. As a result, we are able to devote the time and effort necessary to understand all procedural and substantive aspects of the most complex disputes.
- We Employ a Unique Phased Approach
We devote intensive attention and efforts to cases during the “Pre-Mediation Session Phase”– before the parties meet at the Mediation Session Phase — so that parties can be confident the Mediators understand their objectives and the issues and that the groundwork for potentially productive Mediation Sessions has been properly laid.
• Pre-Mediation Session Phase
During the Pre-Mediation Session Phase, we place great emphasis on written submissions from counsel to parties– and contribute topics we believe should be addressed – and on individual meetings which we hold with counsel for each party in advance of the Mediation Sessions. In this way, we can assure that the counsel, the parties and the Mediators are properly prepared for the Mediation Session Phase, that the lines of communication are open and the chances of a resolution are enhanced.
In those cases, where we determine the opportunity to achieve a resolution is absent, we advise the parties that Mediation Sessions are unwarranted and should not proceed. Proceeding in this manner, not only avoids imposing unnecessary time and expense on counsel – and their clients – it prevents the bad taste created by failed Mediation Sessions that abruptly terminate without really beginning thereby reinforcing existing distrust between parties and jeopardizing future attempts to settle. To be sure, our approach which does not guaranty success – but even an unsuccessful Mediation Session that does not produce a resolution if handled properly, still can serve as a stepping stone to a future settlement, rather than a roadblock.
- User Friendly Approach
• Mediation Session Phase
Our approach to Mediation Sessions is “user friendly”. It dispenses with time-consuming and unnecessarily expensive adversarial presentations, favored by some mediators. In our view, these presentations generally create a hostile atmosphere, emphasize posturing and cause parties to become more, rather than less, entrenched.
There are no needless last minute “fire drills” or “misunderstandings” that can unnecessarily undermine settlement opportunities.
- We Complete the Job
When an agreement in principle is reached to resolve a case, we also focus on the importance of assuring all material points are addressed and that all parties have a clear understanding of the terms to which the parties have agreed We remain involved in the transition from an oral agreement to a documented settlement so that the chances that a settlement will rupture are minimized.
We Stand Behind Our Settlements
Where appropriate we will provide information to Courts or Tribunals attesting to the arms-length manner in which the Mediation is conducted, the procedures utilized in reaching a conclusion and the fairness of settlements reached under our auspices.