Our Approach to Mediation

Mediation can be a cost effective method of resolving disputes.  Done right it can lead to outcomes favorable to both sides.  I offer a facilitative approach to mediation which differs in several respects from the more traditional evaluative approach.

 

If you are an attorney practicing in this area of the country you are familiar with the mediator beginning by hearing an opening statement from each side.  The sides then seperate in to indivdual caucuses and the mediator conducts a form of shuttle diplomacy essentially trying to get each side to see their case as less ironclad as they originally believed.  In the end, the price is simply haggled down.  This is known as an evaluative approach to negotiation.  It often settles the case.  But typically neither side is particularly happy about the outcome and it too often risks leaving value on the table.

 

My mediation method is different in approach and is less likely to leave value on the table.  I believe it is best to keep both participants together as much as possible and invite them to tell their stories.  By telling their stories and hearing directly the interests of the other side, often the participants begin to alter their own view of the case.  Ultimately the goal is to get them speaking directly to one another with the mediator merely facilitating that process.  In the end, the clients solve their mutual problem together.  The result is one they create and, therefore, they are much better prepared to accept long-term.

 

I offer pricing on a sliding scale ($200 per hour up to $350 per hour) depending on the the amount in controversy.  It is based on the highest amount being sought by either party.  For businesses with internal work place disputes among employees, those too can be successfully mediated.  Since there is no fixed amount of dollars being claimed by one  or the other, I offer those services at my minimum of $200 per hour. 

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