MEDIATION

Our SMS Process offers a flexible platform which integrates components of traditional alternative resolution models for a tailored plan to maximize the opportunity for a successful mediated settlement of disputes. It begins with assessing the status of the controversy, assisting counsel with establishing concise mutually agreed upon pre-negotiation timelines where needed, and ensuring all sides are prepared for meaningful negotiations.

Mediation proceedings are settlement negotiations. All aspects of the mediation are inadmissible in any related litigation or arbitration proceedings. Evidence that is admissible or otherwise discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation session.

Settlements reached in mediation are reduced to writing and may be admissible in court in any effort to enforce the settlement agreement, unless the parties agree otherwise. Any information disclosed to the Mediator in private caucus shall remain confidential unless the party agrees it may be disclosed.

The Mediator does not act as legal counsel for any party engaged in mediation. As such, the Mediator has no duty to assert, analyze, inform or protect any legal right or obligation; the Mediator has no duty to make an independent expert analysis or raise issues the parties do not raise; and the Mediator cannot guarantee the mediation will result in a settlement.