Why Mediate

Uses of Mediation: Mediation is one of the most useful methods of dispute resolution. It can be applied to any dispute, not just matters in litigation or headed for litigation. For example, mediation can be used to resolve workplace disputes, to facilitate contentious meetings, or to create a consensus plan of action. The mediator does not issue rulings or make decisions. Rather, the mediator guides the parties through a process designed to help them reach their own voluntary solutions.

In litigation and matters headed toward litigation, the mediation process can be especially useful to deal with or overcome the following stumbling blocks to a resolution:

The other side is non-responsive
The other side is not evaluating the case realistically
Confidentiality is of paramount concern
One or both parties want to avoid setting a legal precedent/publicity
The parties have an ongoing relationship and want to preserve it
The costs of litigation are prohibitive

The Process: The process itself usually takes one of two forms—facilitative or evaluative. In facilitation, the mediator, as a neutral party, attempts to get the parties to see and understand each other’s positions or points of view in an effort to help the parties realize a solution, reach common ground, or build a consensus. In an evaluative mediation, the mediator remains completely neutral but strives to help each party evaluate its options and understand likely outcomes in order to reach a sound decision.

Ms. Goldberg meets jointly with the parties as well as privately in individual caucus sessions. In each mediation, she uses facilitative or evaluative techniques (or both) as appropriate and in accordance with the parties’ needs and desires. She works hard to enable the parties to find a mutually agreeable result and then she works with the parties to document any agreement at the end of the mediation so that if at all possible the matter is fully resolved when the parties leave the mediation.