Mediation Process

Why Mediate?

Mediation is fast and far less adversarial than litigation or arbitration. Mediation generally preserves rather than destroys personal, family and business relations. Mediation unlike court or arbitration can provide for unique, imaginative and diverse solutions...

Litigation is uncertain, expensive, and can take an enormous emotional, physical and financial toll. Mediation ends the stress of litigation, fear of the unknown, billings, time away from productive work, time-consuming discovery, depositions, motions, hearings, trials, and appeals. Stay out of court. Don’t let a Judge Decide Your Fate -Mediate!

What disputes are routinely mediated?

Any and all disputes are ripe for mediation. Whether you are engaged in a current lawsuit and hoping to put the brakes to that process or wish to resolve a dispute prior to litigation, Mediation is perfect.

Mediated issues include: Contract disputes, business partnership issues, employment termination and discrimination issues, investment loss, securities, landlord-tenant issues, neighbor disputes, personal injury, child custody/visitation issues between divorcing parents and homeowner association matters.

Initiating Mediation

Most often mediations are initiated in one of two manners: 1) If all parties, and/or their representatives to the mediation have already agreed to participate, a simple phone call to Green Mediation will begin the process of scheduling etc., 2) Sometimes one party and/or their representative may contact Green Mediation. In this instance, if you agree, our staff will contact the other party and assist you in obtaining their agreement to mediate. In either instance provide the names and phone/fax numbers of any other parties and their representatives whose participation would be required.

In Preparation for the Mediation

First, all parties necessary to a complete resolution must agree to participate and must execute the mediator’s Confidentiality Agreement. See the "Schedule a Mediation" tab on our website to download your Confidentiality Agreement. Each party must have available, either in person or by phone, the person(s) possessing full settlement authority to resolve the dispute.

Mediation Briefs [Suggested but not required]

If either party desires, they may submit a short Mediation Brief. Briefs may be submitted to the other party or submitted only for the mediators confidential review. It is suggested that briefs and exhibits be exchange and submitted to the other party [mail/fax or e-mail is acceptable] and/or the mediator at least 5 days prior to the scheduled mediation.

It is helpful if the brief submitted is in fact "brief" and addresses the following aspects of the case or dispute:

  • Factual summary/nature of dispute
  • Key legal issues if any
  • Summary of any settlement discussions including last demand/offer
  • Your positions pros and cons/strengths and weaknesses
  • Matters on which the parties can readily agree, such as hard damage calculations or stipulated facts

At the Mediation

The mediation conference will typically commence with a joint session, in which all participants will introduce themselves, affirm that the Confidentiality Agreement was signed and understood, and discuss the status of the matter and the history of any prior settlement discussions.

The mediator will then explain the nuts and bolts of the mediation process, answer any questions and then ask each party for their Initial Statement. This is informal and may be presented in any manner you believe to be most effective, which may include the use of exhibits, charts, experts, and witness testimony. The goal of an initial statement is to inform the other parties as well as the mediator as to the determinative issues of the dispute. After each parties statement is heard, the Mediator will set the Agenda and summarize the issues of the case as seen by the parties.

Next typically the Mediator will go into private meetings, referred to a "caucuses" with each side. The information exchanged with the mediator during these meetings is confidential and privileged, and will not be disclosed to opposing parties without prior consent.

During caucus sessions, concise discussions are held. This is the opportunity for the mediator to have frank and open discussions with individual participants to examine settlement options and creative solutions. The mediator may point out perceived weaknesses in a party's position or suggest possible dispute ending scenarios. But remember, YOU the party decides your fate not the Mediator.

Once caucuses are completed, typically a joint session is held again. Thereafter the process may repeat as necessary as the issues in dispute are further identified and the parties close the gap in their dispute.

Green Mediation

As a mediator, it is my goal is to be proactive and facilitative while preserving the parties ability to exercise their own negotiation strategy and control the ultimate outcome of the settlement. When a resolution of the dispute is reached I will summarize the terms of the agreement and assist in drafting a written agreement which memorializes the basic terms and conditions of the resolution.

On occasion, an agreement may not be reached. In such cases I will if asked, follow-up with the parties by telephone or further sessions to explore any and all possibilities towards resolution. The objective is to avoid court!

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