MY APPROACH
While I was a judge, I am no longer; I am a mediator. My role is to help you find common ground, not decide your case. If you are looking for someone to judge your case and make a decision, I am not your mediator. While I hope that the experience I gained as a judge can help you assess the strengths and weaknesses of your case and so make better informed settlement decisions, my role is one of facilitation. This means ensuring that all parties properly understand the risks they face in litigation and helping to engineer a conversation through which they can find a resolution. This is particularly important in family disputes and other situations in which the parties may have a relationship that survives the litigation; in these cases a resolution fashioned by the parties has a much better chance of succeeding than one imposed by a judge or jury.
You drive the structure of each mediation. As a judge, I preferred in-person hearings to remote appearances. I bring a similar preference to my mediation practice; I tend to think that even in the age of remote technology, we can often accomplish more face-to-face than we can on camera. I also believe that mediation statements and ventilation sessions can be very helpful in laying the groundwork for a successful mediation. I recognize, however, that these approaches are not always productive, and can even be counterproductive. Ultimately, I will defer to your judgment as to the utility of these approaches in any particular case.
Mediation is a dynamic, collaborative process. I view mediation as driven not by formulas or preconceived patterns and practices, but instead by the dynamics of the particular dispute and its participants. If you choose me as your mediator, you can expect that I will engage directly with you (and the other side) to understand your needs and risks, as well as the strengths and weaknesses of your position. I will then serve as your intermediary in a conversation that has as its exclusive goal finding a common ground that accommodates those competing concerns.
You and your clients own the agreement. When we find that common ground, I will assist the parties in memorializing it. In some cases, you can expect to leave the mediation with a signed settlement agreement; in all others, we will produce at least a memorandum that captures the essential elements of the agreement. In all cases, I will remain the facilitator, leaving the actual drafting to the parties and their attorneys. The agreement, in short, will be yours, not mine; that is how we will all know that it will work.