Business and Securities Mediations

Mediation Methods

As mediator, I review the case with each party to discuss strengths and weaknesses of both sides and encourage communication between the parties. Often, the mediation session is the first time the parties have had a chance to see the other side's case as a judge or jury will see it. This process can have a dramatic affect, as there are often two or more ways to perceive a case.

There are often confidential caucus sessions, and possibly "all hands" sessions. Confidentiality is respected at every stage.

Sometimes a business solution works. Several settlements were based on the parties working together to create a new business activity, thus creating opportunity for both sides and mutual willingness to dismiss the case.

The effective mediator is first a good listener, and does not miss the emotional elements of the case. Sometimes they matter more than the facts and the law.