Mission Statement

Mediator’s Credo & Expectations

Likelihood of Settlement. All cases are capable of settlement. While each family is unique, the issues required for resolution by state law are not. We shall settle the case today, because if we do not, then we risk an imposed resolution by a person who is not familiar with either your family or the issues, who does not have an interest or stake in the outcome, and by a process which minimizes your own influence and involvement in the final resolution. That other process is also more formal, longer in duration, more time-consuming, more expensive, less private and may not even lead to finality, as it is subject to review, revision and appeal.
Fairness. The settlement attained must be ultimately fair, both so that it will endure and so that it will set an example or pattern for the resolution of future issues as might arise between the parties.
Full Disclosure. Each party must be honest, forthcoming, and fully disclose of all relevant facts. Without full disclosure, there cannot be a complete settlement.
Good Faith. Each party will negotiate in good faith. Hidden agendas, issues, or information will sabotage the settlement, if not on the date of settlement, then in later months when persons seek to rely upon or enforce it.
All Issues Brought Out Early. Each party will bring out their concerns early on, so we can deal with them and incorporate them into the final settlement.
Privacy. This process includes components of Privilege (communications solely between you and your attorney); Confidentiality (communications with the Mediator); and privacy (regarding statements and actions during and as outcomes of the process). Other than the express terms of the written resolution as expressed in the form required by law, there should be an expectation of privacy as to all other communications made to encourage settlement. They are not for sharing with those who are not present, not involved in the negotiations, and not aware of all the competing considerations.
Legal Advice. You have a good attorney to advise you. The Mediator is not and should not be a lawyer for either party. Together, all of the parties, with the best legal advice from their counsel, will arrive at a consensus decision facilitated by the Mediator.
Completeness of Resolution. All necessary decisions will be made today and thereafter each party will be free to move forward in their lives. If an issue cannot be resolved because an essential piece of information is lacking, the parties will agree on a process for the resolution of the matter, so that further dispute resolution or litigation is not necessary.
Criteria Applied. At the outset, the Mediator will outline the various criteria that may be applied in the negotiations and in evaluating the offers. While the parties are expected to look to their own interests, if there are children’s issues involved, the Mediator will look to the interests and effects of the various offers on the children.
Role of the Mediator. The Mediator will not tell you how to settle the case, but will bring each of your positions together in a way that respects what each party seeks to attain from the lawsuit.
Means Utilized. The Mediator will employ one or more of a number of recognized dispute resolution techniques to arrive at a settlement. The settlement should not accomplished by compromise (a win-lose proposition), rather will employ the principle of accommodation to identify and achieve what each party seeks to attain (a win-win solution), which is truly the one with the best likelihood of lasting.
Mediator’s Interaction. I will nudge you, challenge you, and guide you in:

Framing your goals into a form consistent with state law, that is fair so as to be acceptable to the court, and balanced such that the other side will be able to meet their needs, as well.
Designing a resolution that will minimize the need for further or future litigation or dispute resolution.
Agreeing to a settlement that will resolve all the issues that can be resolved today, and incorporate an objective procedure to resolve those few specialized issues not ready for or susceptible to a final outcome today.