For attorneys

A formal or informal mediation brief is always appreciated. It is especially helpful to know the history of the dispute and settlement discussions, significant legal or factual issues, and obstacles that may not be obvious from the pleadings.

Just as importantly, tell me about the people. Communication challenges, business or family relationships, and personalities that may affect the negotiation can be as valuable as the legal analysis.

Please also arrive prepared to draft the settlement document you want at the end of the session. I do not draft legal documents for parties or counsel.

I use facilitative, evaluative, and transformative tools when they fit the circumstances. Some cases benefit from candid reality testing. Others require careful listening before anyone is ready to talk about numbers.

Some matters call for joint discussion; others are more productive in separate caucuses. I adapt the process to the people and issues in front of me.

Yes, when I believe it will help the parties make better-informed decisions and subject to any applicable forum rules.

I challenge both sides. Difficult questions are not a judgment that someone is wrong; they are a way to examine assumptions and evaluate litigation risk realistically. My goal is not settlement at any cost. It is clear, confident decision-making.

Absolutely. If you are deciding whether to move first, how to respond to a difficult demand, whether to introduce a new proposal, or how to communicate a difficult point, let us talk about it.

Negotiation strategy is often collaborative. A few minutes spent thinking through the next move can save everyone a great deal of time.

That is useful information, not a problem. A client may need more information, more time, or an opportunity to feel heard before evaluating options. Sometimes continued litigation is genuinely the better decision.

I do not measure a mediation solely by whether an agreement is signed that day. Greater clarity about the case, risks, and available options is meaningful progress.

Large gaps concern me less than a lack of understanding. Opening positions rarely tell the whole story.

My focus is on what is actually preventing movement: valuation, risk assessment, a misunderstanding, or a concern that has not yet been identified. The numbers matter, but they are not always the reason people remain stuck.

Yes. A conversation beforehand can identify practical issues, clarify expectations, discuss settlement history, and surface dynamics that may influence the process.

Those calls often let us spend less time getting oriented on mediation day and more time working toward resolution.

Absolutely. Not every matter settles on mediation day. Additional information, reflection, or follow-up negotiation may be useful.

When appropriate, I am happy to continue working with the parties after the formal session. Many successful settlements happen days or weeks later.

For an in-person mediation, I generally recommend a full day. Attorneys and clients often expect a slower in-person pace, and having the full day is valuable.

Virtual sessions often move faster, and a half day may make more sense. If you are unsure, contact me. I can often reserve a full virtual day with the understanding that it will be billed as a half day if the session concludes within the first four hours.