Mediation Philosophy and Expectations

1. Mediator Preparation

A well-prepared mediator sets the tone for a productive session. Before every mediation, I thoroughly review the written materials, exhibits, and case history, and I prepare specific questions for each side. My goal is to begin the session already conversant in the facts, legal issues, and personalities so that we can make the best possible use of our time together.

2. Information Sharing

I encourage parties to exchange their mediation briefs and exhibits. Open communication builds trust and narrows areas of disagreement. Practices differ by jurisdiction—Washington tends to favor openness, while Oregon often follows a more private approach—but in most cases, exchanging materials leads to greater efficiency and better outcomes.

3. Party Preparation

Each side should come ready to negotiate meaningfully. Plaintiffs should have a clear and well-supported opening demand, and Defendants should come with realistic settlement authority. Mediation works best when everyone at the table has the flexibility and information needed to reach resolution.

4. Role of the Mediator

I view the mediator’s role as both facilitator and reality-tester. I am not a passive messenger. I listen carefully, probe for underlying interests, test assumptions, and help each side understand risk and opportunity. My approach balances candor with active listening.

5. Opening Session

My mediations rarely begin with joint sessions, but at times they can be useful and effective. I am open to using a brief joint meeting when it may help set expectations, clarify issues, or humanize the process.

6. Confidentiality

Because I view mediation as an open and candid process, I will assume that information shared with me by one side can be communicated to the other unless clearly marked as confidential. If something should remain private, please give me a clear indication. Confidentiality, properly managed, helps build trust and momentum.

7. Negotiation Approach

I take an active, structured approach to negotiation. I may use brackets, mediator’s proposals, or other techniques as the process evolves. My goal is always progress—moving parties closer to resolution with each exchange.

8. Timing and Momentum

Momentum matters. I encourage counsel and parties to stay engaged throughout the day, even during slower phases of negotiation. Many cases settle after hours or with follow-up communication. I remain available for continued discussions as long as progress is possible.

9. Post-Mediation Follow-Up

If a matter does not settle on the day of mediation, I will continue to follow up as appropriate. Settlement sometimes requires additional reflection or developments in the case. I consider persistence part of my role.

10. Professional Courtesy

Mediation is a human process. Professionalism and respect are expected from all participants. Even in high-conflict cases, civility creates space for progress and allows each side to be heard effectively.

11. Efficient Use of Time

My standard daily mediation rate covers up to eight hours of session time, plus a 30-minute grace period if the parties are actively engaged in negotiation. Beyond that, additional time is billed hourly. This structure is intentional—it encourages focus, timely decision-making, and efficient use of everyone’s time. I believe in maintaining momentum and working toward resolution, not prolonging the process unnecessarily.

12. Why Virtual?

I continue to offer in-person mediation and will gladly coordinate a physical space when preferred. However, I generally favor virtual mediation because it respects participants’ time and resources. Travel, parking, and logistics often add cost and stress without improving results.

More importantly, effective mediation is not about endurance—it is about clarity and decision-making. One of the most valuable things a mediator can do is help parties recognize that certainty has real value: it allows them to plan for the future, make informed decisions, and move beyond the dispute. Virtual mediation supports that goal by reducing unnecessary friction and helping participants stay focused on resolution rather than logistics or exhaustion.