Mediation


Peter is a highly experienced, accomplished mediator. Please call or email for a complimentary initial consultation about how Peter can help you resolve your dispute through a positive mediation process.

Mediation

  • is a growing and powerful resolution method. It is entirely consensual, and the parties cannot be bound by a resolution unless they consent, having fully engaged in and contributed to the process.
  • is extremely cost-effective, saving potentially thousands in legal fees and other costs, and avoids the delay, divisiveness and uncertainty of litigation.
  • is the process of choice as early in a dispute as possible for those seeking an opportunity to protect their legal positions, while exploring and basing solutions on interests (i.e., what is most important to the persons or organizations in the dispute)
  • allows the participants to create value through positive negotiation and consensual agreements.
  • has evolved into a dynamic problem-solving process to achieve results that simply are not available through litigation.

Time and time again, Peter’s mediations have produced a resolution with value to the parties that is not obtainable though an adjudicated determination, and may not have been apparent to any of the parties before the mediation began. The required perseverance and hard work can produce truly inspired and lasting results.

Facilitative mediation” is a cutting edge approach used by virtually all advanced mediation practitioners because it allows the parties the opportunity to create their own resolution from information and interests that are not apparent if only legal positions are considered. Interest-based mediation and negotiation is now well recognized, but it is too often ignored in favor of a more heavy-handed, evaluative or directive approach in which the mediator basically tells the clients what s/he thinks the outcome should be and why they should accept it.

In the more open, facilitative approach the mediator draws out of the participants what they think the outcome should be and why, and then works with all of the parties to craft the solution based upon their interests, rather than just their narrow legal positions.

Simply put, the quality of the mediation process is the most important factor to a successful outcome.

Qualities of an effective, successful mediator and mediation process

  • Make sure the parties are entirely comfortable with and have complete confidence in the process and the mediator. Only when the parties are convinced that the mediation can best serve their interests will the optimal result be achieved.
  • Careful and active listening. Making sure that the mediator understands what each party believes is most important.
  • Reframing in a constructive manner what the parties present during the mediation helps change perceptions in what may have seemed like an insoluble problem without that reframing.
  • Establishing complete trust and rapport with all parties, whether or not represented by counsel.
  • Protecting confidentiality, demonstrating an interest in understanding of the party’s objectives and making sure that the party’s interests are being advanced in the process.
  • Brainstorming and creating options for resolution. The intelligence, creativity and experience in finding creative solutions is critical.
  • Encourage the parties to be constructive and to see and take advantage of the opportunities presented as the mediation unfolds.
  • Work through even the most difficult impasse, helping the parties remain constructive and committed to the process moving toward resolution.