Mediation

What is mediation

Although I have worked my entire career building businesses and helping clients avoid conflict, there are times when business relationships are not working out. Mediation provides an approach to resolving tangled business relationships within a reasonable time and at reasonable expense, certainly quicker and substantially less expensive than years of litigation. Often, the most important advantage is that the solutions are hammered out by the parties with the help of the mediator. This means that the result is generally more creative and more consistent with business objectives. In short, resolution through mediation creates more certainty.

Unlike the court system or arbitration, as a mediator, I am a facilitator. My job is to understand the interests, needs and objectives of the parties and to help them reach resolution, not to create or impose any particular result.

What I bring to mediation

I am highly skilled at understanding businesses and business people in short order. I can zero in quickly on what makes a business successful, I understand the financials and operating numbers, and I am familiar with most areas of technology. Therefore, I can ask the questions that efficiently get the key issues on the table and create mutual understanding.

I can help parties brainstorm solutions. This is where my business experience seriously comes into play. I bring to the table:

  • 30 years of transaction work, comprising hundreds of transactions
  • Complex transaction experience
  • Technology licensing
  • Business formation, dissolution, acquisition, divestiture
  • Understanding of people and organizations
  • What makes for a solution that works
How I work

Many business disputes can, with focus and commitment, be resolved in one day of mediation. I typically ask the parties to provide written summaries of the background and issues prior to the mediation. On the day of mediation, I typically conduct both joint and separate sessions with parties as we work to get concrete, acceptable solutions on the table.

I help the parties maintain perspective of the big picture, while making sure that the details are covered. The parties typically have their attorneys present, and are able to contact and consult with any other advisors whose input is important for them to make decisions on a final agreement.

I am patient and persistent.

Formal Training
  • Harvard Law School: Completed the Program on Mediation at the Harvard Law School Program on Negotiation.
  • Center for Non-violent Communication: Completed International Intensive Training (February 2011)