FAQs

Mediation can curtail judicial and arbitration frustrations:  protracted delays, unreasonable adversaries, inflexible Judges, burdened court calendars, escalating costs, the unpredictability of juries, matters spiraling  “out of control”, and the emotional stresses inherent in a heightened adversarial process.

• Mediation Expertise: Mediation is a complex discipline requiring training, commitment and experience.  Honed mediation skills and tools are fundamentally different from adversarial or judicial  experience.
• People Skills/Psychology:  Ms Dickey is expertly equipped to handle heightened emotions and power-struggles, which can otherwise derail negotiations.  Ms Dickey gains the trust of parties and counsel through intellect and genuine compassion.  She can identify and break down psychological barriers.
• Analytical Skills: Ms Dickey offers a quasi-judicial reality check- analyzing the strengths and risks of legal positions and business realities.  This neutral and confidential  perspective can break down resolution barriers.
• Leadership Skills:  Control of the mediation environment is essential, particularly in complex multi-party matters.
• Legal & Business Experience:  Ms Dickey’s legal, business, and civic backgrounds are invaluable to understanding legal and business practicalities.

• Party Control and Client Satisfaction: Parties and counsel have direct input into discovery exchange, scheduling, and terms of settlement.  Parties avoid the risk of an unpredictable jury, judge, or arbitrator.  The inherent “buy-in” generates solutions that parties will respect.
• Cost and Time Efficiency:  Mediators can facilitate discovery exchanges to minimize business interruption and avoid protracted delays.
• Customization of Process: Each mediation process is uniquely tailored for optimal results.
• Creative Win-Win Solutions:  Identifying underlying interests and discernment of future consequences result in resolution options unavailable in court; the proverbial “pie” can be expanded for a Win-Win solution.

Persons with vastly different qualifications  can hold themselves out as “mediators.”  Professional Accreditation assures  a vetted background including:

• Verified education and professional credentials
• Extensive and continuing mediation skills training
• Significant experience conducting actual mediations
• Rigorous peer evaluation including personal character, references, mediation knowledge and skills,  and  effectiveness of results

The optimal time is very case (and client) specific. Mediations can take place pre-litigation, on the eve of trial, or anywhere in between.

Earlier is often better as:

• Financial costs and emotional stress increase as a case progresses
• Parties become more entrenched and invested making resolution more difficult
• Experts tend to unrealistically pump up expectations

However, party and counsel must be adequately prepared for mediation to be successful:

• Facts must be sufficiently developed
• Legal merits must be understood
• Insurance coverage and carrier issues must be considered

Yes! Ms Dickey works with owners, managers and human resource (HR) departments to resolve intra-organizational conflicts. An outside neutral increases the perception of un-biased fairness and can diffuse a potentially volatile situation from erupting into litigation. Party  “buy-in”  which is inherent in a mediated solution, enhances the working relationship and productivity going forward.