- Speak with you, not at you, and discuss your position(s) on the issues. In doing so, we also (attempt to) (i) determine the factual history of the dispute and (ii) obtain a sense as to what to what you feel you need in order to reach a resolution.
- We will meet jointly with the parties and will also, when appropriate, meet separately with each party. At such private meetings everything said is confidential.
- We will listen to what each of the parties has to say without making judgments, moral or otherwise.
- Based upon what you have each indicated, we attempt to work with both sides to formulate a proposal with which both sides can live. We will pursue these steps for as long as there is a hope of resolution and the parties wish to continue.
- We will serve as an impartial, disinterested third party go-between/courier; we act in the role of dispute resolution facilitator, leaving decisions to the parties.
- When an agreement in principal is reached we will continue with the dispute resolution process until the terms of the agreement are placed in a written form, understandable and acceptable to both sides, hopefully without any matters still open to question. Further, we will recommend language which encourages compliance with the settlement, but both parties must agree to the inclusion of such language.
- We will charge a fair and reasonable fee for our services.
We do NOT
- Attempt to impose our will or opinion upon you; (We may, however, offer an opinion as to what may and/or is likely to occur if the parties are not successful in mediation).
- Even if/when asked, we do not tell you what to do because doing so would be tantamount to providing legal advice. Since we do not represent either party, we do not render legal advice.
- We do not divulge information provided in confidence.
- We do not make factual or legal determinations or judgments.
- We do not proceed with a mediation until there is a retainer agreement, setting forth the rights and obligations of the parties, signed by both parties. Said agreement will set forth the rules of mediation and terms and conditions thereof and will do so in a manner understandable to the parties (assuming both parties are fluent in the English language).
- In the event of a dispute as to the meaning of any agreement provision, we do not, and will not, appear before any Court or quasi-judicial tribunal or body as a witness or interpreter of the agreement for either side. We will, therefore, oppose any attempt to have us so appear.