Improving mediation includes making mediation a real alternative to litigation rather than a mere "softening" of it. To do so, I seek to improve communications and understanding - so that the parties can make better settlement decisions.

The "two table approach to mediation seeks to provide a clear view of the "legal realities" (Table 1) and the "business and personal opportunities for settlement" (Table 2). Clarity in these two choices permits a thoughtful decision between them.

Environmental disputes present unique challenges to disputes resolution - as well as some unique opportunities. 

 

An assessment of the conflict that is presented can assist me and the parties in determine whether ADR is suitable and what dispute resolution option seems most suitable. The degree of formality of the assessment depends on the case specifics. 

Parties in conflict do not generally create unique errors in settlement decisions. Rather, most parties tend to make the same mistakes - even repeatedly. In mediation, I discuss the typical errors and work with the parties and counsel to prevent them .

Parties can only chose from among the options they have developed for settlement - so energy needs to be directed to creating value before value can be claimed.

As with many activities, thorough preparation can dramatically improve the chances of success in mediation. Here are some tips for preparation.