Our Approach

Our approach is simple and flexible. When you schedule a mediation, we circulate to the parties an Agreement to Mediate and a Mediation Format.

The Agreement to Mediate commits the parties to the principles of confidentiality and compromise. All written and oral communications, negotiations, and statements made in the course of the mediation process are deemed to be privileged settlement discussions and are confidential pursuant to the applicable statutes and court rule. Each party, counsel, and insurer agrees to participate in the mediation in good faith and to dedicate themselves to the principle of compromise.

The Mediation Format provides for written confidential mediation submissions by the parties that must be received by us no later than five calendar days before the mediation. The submissions include a mediation memo and additional materials that the parties believe are important to understanding the issues. In the context of confidentiality, the Mediation Format encourages transparency and honesty between the parties and the mediator. It is important for the mediator to understand the parties’ motivations and goals as they enter into mediation.

In some cases, the mediator or the parties can initiate pre-mediation conferences designed to make the mediation more efficient and better positioned for a successful resolution.

Before the Covid crisis of 2020-22, all of our mediations were live and in-person. During Covid, we began conducting mediations remotely, by Zoom, and that remote process continues to be available and frequently used. We have found that the Zoom process is convenient and less expensive for the parties, and that the settlement rates are just as high with remote mediations as they are with live and in-person mediations. Zoom mediations also are easier to schedule because it is not necessary to set aside an additional day or days for travel.

Our Agreement to Mediate, Mediation Format, and Zoom procedures are available upon request.