Mediation Letter

If you know me you already know I like to get to the point – so I will. I’ve decided to offer my services as a mediator beginning in April, 2009.

Why, after twenty-eight years, almost sixty trials, hundreds of mediations and “near trials”, and thousands of cases am I taking this step? Because I believe in the process, and while there are many capable mediators, there are not enough. I believe my experience and insight can make the process more effective and help you and your clients settle their cases. More selfishly, I would like to spend a greater percentage of my time as a counselor rather than simply as an advocate and I hope to derive some satisfaction from helping people resolve their disputes.

When mediation first began, each one was an event, with preparation and anticipation similar to a small trial. Soon, however, parties began gaming the system– using the process for discovery and to “smoke out” the other side’s settlement position without revealing their own. While there is a place for the exchange of information and for negotiating cautiously, many attorneys began to attend mediations with little or no expectation of settlement and without any intention of fully investing in the process. Ineffective, or, at the opposite extreme, heavy handed mediators, were unable to keep the process on track. Even in cases that did settle, mediations became interminable from the endless posturing between the parties that ultimately failed to serve either side’s interests. Often, the parties themselves either felt coerced into a settlement or thought that an entire day had been wasted.

As a mediator, I will keep the process intact, and will encourage the parties to take a step back, reflect, and make intelligent decisions. I will ask questions privately to each side testing their conclusions, assumptions and evaluations of the case. Most of all, I will justify your investment in the mediation process.

I hope you will consider scheduling a mediation with me. Please call me at 713-615-6060 if you have any questions. I welcome your comments.