My Approach to Mediation:

To the role of mediator I bring my years of experience as legal counsel, but my skills as counsel have been tempered and supplemented by substantial training, study and experience in the field of mediation.

I consider myself a "settlement oriented" mediator, and view my principal function as maximizing the potential for the resolution of a claim or dispute by agreement. To put it more simply, I believe my job is to help settle cases. What that entails, and how I go about it, however, will vary from case to case.

It begins by listening closely to the parties, and ensuring that each understands the views of the other, and the reasons why they differ. After that, my objective is to give the parties whatever it is that they may need to reach a resolution.

Almost always that means assisting in communicating each party's perspective, and negotiating position, either in joint session or via "shuttle diplomacy". Sometimes it means being quiet and letting the parties engage one another directly. More commonly, it means active management, intervention, direction and encouragement. But the structure of the process, and the nature and extent of my involvement, will vary depending on the case, and the parties.

While respecting the rights of the parties to decide what is in their best interests, I tend to pursue a proactive role in a mediation, and will typically provide suggestions and recommendations to guide the process, and promote the prospect of resolving the dispute. That often includes acting as a "negotiation coach" offering advice or feedback to one or more of the parties on potential negotiating tactics.

While I generally adopt an "interest based" approach to mediation, I am also prepared, if appropriate, to offer my thoughts or impressions of the case as an additional factor for the parties to consider.

In the end, however, it is the parties that decide the outcome of a mediation, and not the mediator.