I am fully committed to making each mediation successful. Before I became an attorney, I studied engineering. I think the common thread between the engineering and my practice has been problem solving. I believe in bringing ingenuity, new perspectives and respect for the parties and the process to achieve a mutually beneficial resolution of disputes.

I also believe that in many situations early mediation can be very beneficial to achieving such a result. When I was in practice, I found that in some situations an exchange of declarations was sufficient to "nail down" the relevant facts sufficiently to mediate. In another case, opposing counsel and I agreed that we would each take a half day of depositions—I took one; she took four—and we would then mediate. It was a long day for all concerned, but the depositions set up a successful mediation. But whether you want to mediate early or later, I believe I can assist you in resolving your disputes.

To maximize the likelihood of success, I have found it beneficial for me to meet briefly with each side prior to the initial joint session. Since all parties seldom arrive at the same time, I generally meet first with whichever side arrives first. These meetings provide me an opportunity to get acquainted informally with each side, to explain the day’s procedures and to discuss approaches to mediation that I have found to be productive. These informal "pre-meetings" also allow me to learn counsels' views with regard to a joint session and to assess whether such a session will be productive or counter-productive. In general, however, I find that the initial joint session is very helpful.

Obviously, for a mediation to be productive, it is very important that each side have at the mediation one or more principals who are empowered to resolve the dispute. I have also found it helpful if at least one counsel brings to the mediation an anticipated settlement agreement in both hard copy and disk. In advance of the mediation, I suggest that counsel discuss with each other who will be attending from each side as well as which of the counsel intends to come with a proposed settlement agreement. Sometimes counsel have even agreed to much of the language in advance of the mediation, leaving only a few blanks to be filled in and resolved at the mediation.

I find short letters or mediation briefs to be helpful, but they are not required. Generally, but not always, parties choose to submit briefs to the mediator on a confidential basis. I have had matters, however, where one or both parties have thought it was advantageous to serve at least a portion of its mediation brief upon the other side. Whether counsel submit a pre-mediation statement, and whether counsel wish it to be confidential, is normally entirely up to each side.

If I can be of assistance to counsel, or if counsel have any questions, please let me know.