Alternative Dispute Resolution:
A Customized Approach Tailored For Your Case

In one way, I might be an unlikely candidate to be a mediator. I am a trial lawyer who enjoys working in the courtroom. Over the course of my litigation career, however, I have also come to understand the real benefits of settlement. Trials can truly be extraordinarily difficult experiences for everyone involved.

My interest in the theory and practice of alternative dispute resolution (“ADR”) grew throughout my 26 year career. By 2009, I felt confident that I had attained the necessary litigation experience, including hundreds of mediations, that I could make a real difference in ADR.

As a mediator, I am committed to delivering a value to lawyers and the parties. I bring a fresh and innovative approach that makes mediation more efficient, productive, and ultimately successful.

This commitment is based, in part, on some frustration I have with the conventional mediation process we have come to expect. When I began my practice in 1983, the concept of ADR was just emerging. In my view, the promise that ADR would offer true alternatives to traditional litigation has not been completely fulfilled.

We have settled mostly for a “one size fits all” process for mediation. The parties select a mediator, pick a date for a mediation session, submit mediation briefs, and the one-day event is consumed by private caucusing over dollars with the mediator.

While this conventional process works for some cases, it is often inadequate. The mediation session is inefficient and negotiations frequently break down for reasons that might have been avoided with a more disciplined process.

I have adopted a three step process for mediation. The process is intended to be both disciplined and yet flexible. Designing the optimal process for a particular case is a collaborative effort involving consensus among the lawyers and parties.

In general terms, the process of customizing a mediation involves identifying specific issues and impediments to settlement. Once those impediments are identified, a process is designed to address them. The process can range from simple to complex. Addressing impediments before negotiation begins permits the parties to negotiate in a more conducive and productive environment.

For a more detailed overview of the three step process, click on the links listed above.