How I Mediate
A mediation rarely changes anyone’s mind about who is right. What it can do—done well—is get a deal done quickly, on terms both sides can live with, and save everyone the time, money, and effort of fighting on. Here is how I approach it, and how a mediation actually runs.
01 Approach
How I Work a Negotiation
A Strong Hand, Not a Carrier Pigeon
A mediator who only shuttles numbers between rooms wastes the day. I engage with the merits, pressure-test both sides, and actively move the negotiation toward a resolution.
Find the Overlap
Most disputes contain a range both sides could accept. My first job is to locate it—and to show each side that it actually exists.
Break the Stalemate
When talks stall, someone has to give the parties a reason to move. I bring candid, private read-outs on value and risk to get past the impasse.
Realism, Not Persuasion
I’m not there to convince anyone they are wrong. I’m there to sharpen the calculus—time, cost, and risk—that actually drives a settlement.
Speed and Certainty Are the Point
A good mediation closes the gap fast, on terms everyone is comfortable with, so both sides can stop spending on a fight neither one fully controls.
Preparation Is Respect
I read the briefs and the record before we start. Knowing the case is what lets me be useful in the room rather than a spectator.
Why It Works
Employment cases settle when both sides see the same picture of value and risk. An active neutral who knows these cases can build that shared picture faster than another round of motion practice—which is why a focused day of mediation so often beats a year of litigation. Here is how that day comes together.
02 Process
How a Mediation Unfolds
-
Scheduling and the Mediation Agreement
Once both sides agree to mediate, we set a date and the participants sign a mediation agreement that sets the confidentiality terms for the session. Dates can be reserved by following the steps on my calendaring page.
-
Pre-Mediation Call
A brief, no-cost call (preferably by Zoom) with the attorneys from each side to get familiar with the case, the parties, and the key obstacles to resolution.
-
Pre-Mediation Briefs
Each side submits a confidential brief and the key documents ahead of time, so the session starts informed rather than cold. I read them before we meet.
-
The Mediation Session
We meet by Zoom with private breakout rooms. Depending on the matter, we may open with a short joint session to frame the issues, then move into private breakout rooms, where most of the real negotiation happens.
-
Reaching Agreement
When the terms come together, they are put in a written, signed memorandum of understanding or settlement agreement before anyone leaves. Alternatively, the parties may wish to simply receive an email confirming the general terms of an agreement or (if necessary) a mediator’s proposal. If the matter does not fully resolve that day, I stay involved and keep the conversation going.
Confidential by Design
Everything shared in the mediation is confidential, and what you tell me privately in your breakout room stays there unless you authorize me to share it. For the details—including how confidentiality applies before a matter is formally engaged—see the Confidentiality Statement.
Ready to Begin?
Skip the scheduling emails. Choose an available date, confirm, and you're on the calendar. No holds, no proposed alternatives, no waiting for a response.
Statewide · By Zoom