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Civil Mediation: My Approach

My approach in civil and federal cases is to prepare for those cases: to listen to the attorneys and clients and cause
everyone to reality test whatever assumptions they have brought into the mediation. I do not
believe that the mediator should be a messenger or "potted plant". Rather, my approach is very proactive, challenging
assumptions of winning and being creative in suggestions and options. While most cases in the civil and federal world
are with attorneys, with whom I like to work, there is a growing population of sophisticated business people desirous
of resolving their own disputes without the additional cost, expense and time of litigation and lawyers. There is also
a tremendous growth of pre-litigation mediations. My approach in many cases is novel and unorthodox and untraditional.
I will speak with or meet with parties and their counsel prior to the actual mediation session occurring. With the
permission of all parties and their counsel, I will try to get a good grasp of the case, the facts and most importantly,
the personalities involved before everyone sits down. I believe this not only contributes to the success of the mediation
but can actually reduce the costs, time and conflict that can arise when everyone meets for the first time.
While I share the common goal of resolution, it is equally important that the process be respected.
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