Approach to Mediation

Just as preparation is critical to successfully trying a case or presenting a dispositive motion, so too with mediating a dispute. Scott works hard to study the parties’ materials to learn the facts and law relevant to the dispute, what is important to the parties, and where the options for negotiation might be. Scott knows how hard counsel work for their clients and that they are the experts of their client’s case. As part of Scott’s preparation, he talks with each side’s attorney before mediation to learn more about the parties and their concerns, the dispute, and dynamics between the parties.

Scott listens to what the parties care about and need from an agreement and, understanding settlement dynamics and negotiation strategies, explores creative options and solutions and works tirelessly to help the parties reach agreement. Mediation with Scott is not simply an exercise of shuttling offers between the parties. Scott is more than a facilitator—he’s also an effective evaluator and problem solver. Relying on his expertise, experience, preparation, and objectivity, Scott asks the tough questions of all parties and he talks frankly about each party’s evaluation and expectations of the potential rewards and risks of litigation.

If a dispute does not settle on the day of mediation, Scott continues to work with counsel after the mediation to help bridge gaps that weren’t closed on the day of mediation.

A mediation with Scott will not fail for lack of resolve, energy, persistence, perseverance, grit, hard work, or patience.