The very reason for mediation is that the parties are in dispute, whether it a broken business contract, frustrated joint venture partners, a terminated executive, a securities class action, insurance counterparties or mass tort claims. My job as a mediator is to search for and bring the parties to a solution. Everything I do from day one is to learn from the parties what is most important for them and what may be possible areas for a solution.
Sophisticated players recognize that their chances of resolution are multiplied by being able to present their case to an experienced neutral who is totally devoted
to helping settle their case by:
• giving unbiased feedback to counsel—and often more importantly—to their clients;
• challenging and probing behind the points each side is making;
• asking the difficult questions about the costs and burdens of litigation; and
• helping bridge the coverage issues between and among insurers and the defendants.