My practice is limited to Arbitration and Mediation of Business, Technology and Construction Industry disputes.  As an engineer, business and construction lawyer and former chief executive of an IT based company,  I bring insight and strong subject matter qualifications to the Practice of Alternative Dispute Resolution. This experience permits me to quickly grasp complex factual situations,  to efficiently identify and organize the barriers to resolution, and  propose alternative strategies that lead to settlement.   I am by nature a problem solver, and assert a leadership role in designing and executing Best Practices for both Arbitration and Mediation.

 

I have been certified as a Mediator since 2002,  and have served as Mediator and Arbitrator in over 1000 cases. Through this experience, I have developed what I consider to be a Best Practice that I refer to as "PreMediation", a series of informal Pre-Hearing conferences  where I meet separately with each side, including the principals, well before the scheduled Mediation Hearing.  Mediating with Zoom video conferencing makes the Pre-Hearing Conferences travel free, while expanding the geographic scope of my Mediation practice. 

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If begun early, at the initial stages of the dispute, many more options and choices are available to both the parties, and their counsel, and as a result, I refer to "PreMediation" as the Gateway to Outstanding Results.

 

During the course of these sessions,  I develop an understanding of the claim or defense, the legal standards, the documentation or evidence that will be available as the result of Initial Disclosures, other likely information that may become available at the time of Mediation, as well as the business, negotiating and settlement objectives of the parties.  As a result, I develop a sense of the barriers to settlement, as well as the opportunities for structuring business solutions, and exchange much of this information with the parties in such a way that confidential information is always respected. 

 

With the Pre-Hearing conferences as a foundation,  I can then focus issues, and identify gaps in the necessary information that is interfering with good faith negotiation.  This is particularly important in Pre-Litigation and Early Case Mediation when there has been little formal discovery.   When appropriate,  I act as a Discovery Mediator, and often suggest staged or targeted discovery of  key issues.

 

Based on my understanding of the complexity of the matter, I  have suggested Multi-Stage Hearings, where the first session is designed for information exchange and discussion in a conference room setting among the technical or project staffs for both parties, that I refer to as a "Working Session", which can also be conducted by video conference.  My ground rules for the Working Session remove the immediate pressure of having to make a decision on settlement, and present the opportunity for cooperative exchange of information. The follow-on sessions can deal in depth with issues presented during the Working Session, and ultimately, the final stage is reserved for the executives,  who complete the negotiation and compromise having the benefit of the extensive technical interaction.  I am often pleasantly rewarded after the Working Session when the principals suggest that they meet privately, one on one (sometimes with the Mediator) to negotiate the terms of settlement.

 

When technical or factual issues can benefit from experts, I've found it effective to suggest that the parties share the cost of a jointly retained expert to be used For Mediation Purposes Only. I have assisted in identifying and selecting the expert, working on an agreed scope of the investigation and using this as the foundation for negotiation during the Mediation Process. 

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In addition to being a problem solver, and being an advocate for thinking outside the box, I consider myself to be relentlessly persistent, and find this attitude provides the essential ingredient linking strategy with results.  I have provided a number of Case Studies in this website that illustrate my approach to challenging situations.s

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I am the Chapter Author of "Negotiation and Settlement" for the Institute for Continuing Legal Education treatise on Michigan Civil Procedure and have developed into a strong and experienced proponent of interest based negotiation. When  practical,  I explore  factors such as existing or prospective business relations and the chance to resolve disputes that may be outside the scope of the current litigation,  referred to as “expanding the boundaries” of the settlement discussions.  Click below for a more detailed discussion on  PreMediation: The Gateway to Extraordinary Results and the Opportunity to Structure Business Solutions.  I have also provided a 2 minute video of my approach to mediation, presented on the  AAAMediation.org website.

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