Mediation
According to a recent ABA Task Force on Improving Mediation Quality, the biggest complaints about mediation quality are:
- Mediation preparation
- Case-by-case customization
- Analytical techniques and
- Mediator persistence
“It was interesting to note that many of the commercial lawyers we spoke with, who frequently use mediation, have developed such sophisticated levels of understanding, that they give advice to their mediators about how to structure the mediation process to suit the needs of particular cases. Most of these same lawyers voiced very high expectations of mediators, seeking not only those who are highly skilled and knowledgeable, but also those who are intuitive and able to help meet their clients’ emotional needs.” The Task Force on Improving Mediation Quality Final Report [click] http://www.abanet.org/dch/committee.cfm?com=DR020600
You can expect that Don will have read your submissions and talked with the lawyers to customize a process that increases the odds of a durable settlement. Don uses a wide variety of tools in mediation. He studies brain science, behavioral economics, psychology, and other disciplines in addition to law and business, to increase his ability to talk with parties about the real world impact of their dispute – and their legal alternatives. Don has developed cutting edge tools that help parties picture and analyze their own case assessments. And he will persist as long as there is hope that your case can be resolved. Sometimes that means late sessions – particularly when there is an impending deadline (hearing or trial setting, board meeting, etc.). Sometimes it means persistent follow-up after the mediation session. Not all cases settle, but the vast majority of the cases Don mediates do. Here is a sampling of what others have said about his preparation, customization, analytical techniques, and persistence (more available at Martindale link (on reviews page) and reviews link).
- “Don was able to really understand a very complex business “divorce” and help the parties dissolve a 14 year business relationship. He kept pushing the parties toward resolution and was able to obtain a great result for my client.” – Law Firm
- “Don successfully settled a complex partnership dispute after 18 hours of mediation. He did an exceptional job of building rapport with emotional parties and he kept everyone at the table until a compromise could be reached.” – Large Law Firm
- “Don stepped in to mediate a case with interesting legal issues and emotionally charged parties. He did a great job realistically evaluating the potential legal outcomes from both perspectives. In a single session with Don, we were able to reach a settlement agreement that included a novel, non-financial element neither party had previously considered. It was a creative solution that enabled the parties to resolve their differences without further litigation.” – Large Law Firm
