Mediation
Over the past six years, I have helped parties resolve over 95% of the approximately 200 cases I have mediated.
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Choosing the right mediator is critical to a successful resolution.
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There can be no single approach to mediation, as every case involves different personalities, issues and hurdles. My goal is to use the many strategies I’ve learned over the years to help the parties resolve their unique situation. However, every mediation I conduct has a single unifying element... persistence.
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At the outset of every mediation I explain that a key element to success is patience. I stress that while I will not waste the parties' time when there is clearly no chance of settlement, I DO NOT GIVE UP EASILY. My approach may necessitate a long day/evening, and it sometimes requires days and weeks of follow up conversations after a session. I will not let a potential settlement slip away.
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My approach is designed to expedite the otherwise frustrating mediation process in which hours or more are spent exchanging proposals that both sides know will be rejected as each side becomes more aggravated and disenchanted with the process. Hours slowly moving through that pit of despair may ultimately result in a settlement, but there is absolutely a better way.
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Another key element to my approach is helping parties re-evaluate how they view their case and mediation goals. I ask the questions that would be top of mind if I were arbitrating the case, and I hopefully help the parties better understand their downside risks. Human nature draws us all towards thinking about our best case and avoiding or downplaying our worst case. A successful mediation requires parties to thoughtfully consider both ends of that spectrum.
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To help me better understand the case, I prefer mediation statements prior to the mediation, along with critical documents, as well as case citations if there is a legal issue in dispute. After I read through those documents, I conduct individual calls with counsel to round out my understanding and to get a better sense for the emotional issues that may impede settlement. These steps increase the likelihood that a settlement can be reached in one session. In more complicated multi-party cases, I sometimes hold pre-mediation calls or Zoom meetings with the individual attorneys along with their clients.
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On the day of mediation, I start by meeting with each party separately, to understand the case directly from the litigants, and to begin to develop rapport and trust. In limited circumstances, I may then hold a joint session, or I may decide with the attorneys that a joint session would be counter-productive. After that, the process moves in different directions depending on the case.
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While I am guiding the mediation, the process is for the attorneys and their clients. I welcome suggestions on how to proceed, and often bring the attorneys together to talk through hurdles in a setting that will increase candor and reduce unproductive rhetoric. Working together, we will resolve the case.
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Panels & Professional Associations
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AAA Mediator Panel
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Resolute Systems, LLC
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NAM Mediation Panel
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EEOC Contract mediator
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EEOC Federal EASE mediator
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Philadelphia Court of Common Pleas
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International Academy of Mediators, mentorship program
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Mediation Training
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International Academy of Mediators, monthly webinars – 2019 - present
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International Academy of Mediators, Fall Conference – 2019
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International Institute for Conflict Prevention & Resolution – 2019
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The Strategic Negotiator – 2017
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New Jersey Civil Mediation Training Course – 2017
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NJ Office of Dispute Settlement, Advanced Mediation training – 2017
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The American Arbitration Association’s Mediator Training Program – 2016
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