Mediation

What Is Mediation?

Mediation is a voluntary and confidential process in which a neutral third party — me, as the mediator — helps people in dispute explore their options, communicate more effectively, and work toward resolution. It is structured in form, but flexible in application. And it is always rooted in the principle of self-determination: no one is forced to settle.

I often describe mediation as both an art and a science. It requires a blend of empathy, strategy, communication, and legal understanding. My job is not to issue a ruling, but to design and manage a process that helps people find resolution on their own terms. I use a variety of techniques — including private caucuses, joint sessions, active listening, and strategic reframing — to clarify issues, uncover interests, reduce emotional friction, and surface workable solutions.

In my experience, the most successful mediations are those where the parties feel heard, respected, and empowered — even if they start the day worlds apart.

Why Mediation Works

Mediation works because it allows parties to resolve disputes in a way that’s faster, less expensive, and more durable than litigation. It provides a forum where legal rights and obligations can be discussed, but also where personal interests, relationships, and practicalities are considered.

Some key advantages:

• Confidentiality: What is said in mediation stays in mediation. This privacy promotes candor and creativity.

• Control: The parties — not a judge or jury — decide the outcome.

• Speed: Most mediations resolve in a single day or a few sessions.

• Cost Savings: Even if a case doesn’t settle, mediation narrows the issues and reduces overall litigation costs.

• Preservation of Relationships: Especially in employment, business, and family disputes, mediation often helps maintain working or personal relationships that might otherwise be destroyed by litigation.

These benefits make mediation ideal for a wide range of disputes — business contracts, employment issues, tort claims, partnership dissolutions, real estate matters, and more.

Styles of Mediation

Not all mediations are the same, and not all mediators work in the same way. Over the years, I’ve studied and practiced the three primary styles of mediation — facilitative, evaluative, and transformative — and I adapt my approach based on the dispute, the parties involved, and what the moment calls for.

1. Facilitative Mediation

This is the foundation of most mediation practice. As a facilitative mediator, I focus on guiding the process rather than offering opinions or assessments. I help the parties clarify their interests, understand each other’s perspectives, and develop options for resolution. I don’t push an outcome — I help the parties build it.

Facilitative mediation is especially effective when parties are emotionally invested or when relationships matter. It allows for creative problem-solving and often leads to win-win outcomes.

2. Evaluative Mediation

In some cases, the parties are looking for more than process management — they want input. As an evaluative mediator, I may offer my views on the strengths and weaknesses of each side’s position, or on likely outcomes in court. This is done carefully and strategically, and only when it’s appropriate and helpful.

My background as a trial lawyer gives me the credibility and confidence to engage in evaluative mediation when necessary — especially in complex business disputes or cases where counsel need a reality check for risk assessment purposes.

3. Transformative Mediation

Transformative mediation focuses on empowerment and recognition — helping parties transform their conflict through better understanding and communication. It is less outcome-focused and more relationship-focused.

While this model isn’t appropriate for every dispute, it can be profoundly effective in certain situations — especially where ongoing relationships are at stake or where the conflict has become deeply personal. As a mediator, I am trained to recognize when transformative techniques can add value.

In practice, I often blend these styles. A session may begin facilitative, become evaluative during private caucus, and shift toward transformative strategies if the parties are stuck. The art of mediation lies in reading the room and knowing when to pivot.

Special Forms of Mediation

In addition to traditional mediation, I also offer and have experience in several specialized formats:

1. Baseball Mediation

This concept borrows from baseball arbitration. In a baseball mediation, each party submits a confidential final settlement position to the mediator before or during the session. If the parties are unable to reach an agreement through the usual process, I can — if authorized — issue a non-binding recommendation or “award” selecting one of the two proposed outcomes.

This model encourages reasonableness. Because each party knows that an extreme position is unlikely to be adopted, they’re incentivized to propose a realistic and defensible offer. Baseball mediation is particularly useful in valuation disputes, business dissolutions, and commercial matters where the issue is not liability but “how much.”

2. Mediator’s Proposal

A mediator’s proposal is a tool I use only when settlement appears close but the parties are stuck. If both sides have moved substantially but remain divided, I may (with their consent) make a confidential settlement recommendation — my proposal for what I believe is a fair resolution.

Each party considers the proposal confidentially and independently. If both accept, the case settles. If either declines, the proposal is withdrawn, and neither party knows how the other responded.

This tool preserves confidentiality and negotiation leverage while offering a path forward when direct negotiation has stalled. It’s often the move that breaks the final deadlock.

3. Virtual Mediation

In today’s environment, many mediations occur via videoconference. I offer full remote mediation services using Zoom and other secure platforms. Virtual mediation offers tremendous flexibility — especially for busy professionals, clients in different states, or matters with logistical barriers. My virtual sessions include virtual breakout rooms, screen sharing, and private caucusing, all with the same structure and integrity as in-person sessions.

My Role as Mediator

I see my role not simply as a neutral party, but as an architect of productive conversation. I manage conflict, guide process, reduce emotional static, and — when necessary — help parties better understand the legal and practical implications of their choices.

I come to each mediation prepared, having read the submissions and studied the issues. I work hard to create a respectful, focused environment. I don’t waste people’s time, but I don’t rush them either. And I believe that every case has a path to resolution — it’s just a matter of helping the parties find it.

As someone who has spent decades in litigation, I respect the role of advocates and understand the tactical concerns they bring to the table. I create space for advocacy without allowing it to overwhelm progress. I encourage direct engagement while also protecting vulnerable parties. And when the time is right, I push — gently but firmly — toward agreement.

When to Consider Mediation

Mediation can be useful at virtually any stage of a dispute — before litigation begins, during the pendency of a lawsuit, or even post-judgment. Early mediation (especially as part of Early Dispute Resolution strategies) can avoid unnecessary cost and escalation. But even in entrenched, high-conflict cases, mediation can be a lifeline.

If you’re a party in conflict, a lawyer looking for a trusted neutral, or a judge seeking to refer a case, I’m here to help. Mediation is not magic. But when done well, it can lead to solutions that no judge or jury could ever craft — and that no litigant ever regrets finding.