REMOTE VIDEO MEDIATIONS I offer remote video mediations on a professional video platform which permits remote joint meeting rooms, remote confidential break out rooms, electronic screen sharing of documents, and attorney drafting of settlement term sheets in real time. The platform is well suited for multi-party and complex cases. Remote video participation for both parties and attorneys, assures safety and convenience and is offered at no additional cost. In this unprecedented COVID 19 environment, where courts are closed, and judicial proceedings and trials suspended, video mediation is a compelling option. MEDIATION Mediation, remote or in person, is a cost-efficient and flexible conflict resolution process offering direct participation of parties. I utilize both joint sessions and confidential break out room (or caucusing) facilitating the parties, with or without legal representation, to arrive at a resolution acceptable to all. My mediation style is a hybrid of facilitative and evaluative. I utilize techniques that best suit not only the legal nature of the dispute, but also the personalities, relationships, goals and negotiation styles of the disputing parties and attorneys. If impasse occurs, I often suggest a Mediator’s Proposal which acts like a Med-Arb. Unique benefits of mediation include: - Significant cost savings over litigation and arbitration by facilitating appropriate discovery exchange and scheduling;
- Greater attorney and party input and control over the process and scheduling;
- Options for creative settlement terms, not available at trial;
- Decreased psychological and emotional costs to litigants;
- Inherent party “buy-in” to mediated settlement results in enhanced client satisfaction.
Mediated Settlement Agreements are ENFORCEABLE! Mediation can take place at any stage of a dispute, with or without legal representation. Participation does not waive any legal rights or remedies. BINDING MEDIATION (MED-ARB) Binding Mediation is a hybrid of the mediation and arbitration approach. The parties first participate in the mediation process. If the mediation fails to resolve all issues, the parties can agree that the mediator should “switch hats,” arbitrate the matter and render a binding decision. Because confidential information has typically been shared with the Mediator, proceeding to the arbitration stage necessitates an informed voluntary agreement by all the parties. ARBITRATION The arbitration process resembles litigation, but typically with a drastically reduced time to resolution. I facilitate discovery exchange; schedule a hearing for the presenting of evidence; decide disputed issues of fact, make determinations on applicable law; and render an award. An arbitrated award is subject to enforcement, modification, or vacatur (in rare circumstances) in accordance with applicable law. ARB-MED If parties agree on an ARB-MED, I with-hold disclosure of the arbitration award, and give the parties the opportunity to participate in mediation with the goal of reaching a voluntary resolution. CONFLICT RESOLUTION COACHING I coach business owners, human resource directors, executives and individuals in negotiation and conflict resolution techniques. |