I am a third party deemed by the parties to be acceptable to attempt to resolve the dispute in issue. My job is to facilitate a discussion between the parties. As a wise mediator once said, “while I may be neutral I am not passive”. I will point out issues that neither party may have thought of and I view that as a valuable part of my role. That said, I am not an advocate on behalf of one side or the other. I do not represent any party in the dispute and do not provide legal advice to any party.
I have no interest in whether the parties settle or not. I do not judge my abilities as a mediator to be dependent on a success rate. The parties control whether a case settles or not. I can encourage and guide the parties to get to that point but I have no control over the outcome.
I am persistent. I will meet as many times with the parties as necessary for them to come to reach an agreement. Many times that will happen the day of the mediation. Other times it may not. I will continue to work with the parties as long as constructive progress is being made.
I will never force any party in to a settlement. If a party wants to discuss the settlement offer with someone else or think over a settlement proposal, I will allow the party to do so for a reasonable amount of time.
I will not draft the applicable court documents to have your settlement rendered to an order or judgment in a court of law.
I will keep confidential what is said (and done) during mediation. I can never become a witness in any court proceeding should you not reach a final settlement. I destroy all of my notes and mediation submissions once the mediation is concluded.
I will work hard. I will actively listen. I will be honest with the parties and I expect honesty in return. I will be courteous and respectful and I expect the same in return. I try to make the process as enjoyable and as much fun as I can.
As always, contact me if you have any questions or if I can help you.