Business and Securities Mediations

Mediation Methods

As mediator, I review the case with each party to discuss strengths and weaknesses of both sides and encourage communication between the parties. Often, the mediation session is the first time the parties have had a chance to see the other side's case as a judge or jury will see it. That is because the mediator is a neutral, with no agenda other than settlement. This process usually has a dramatic affect, as there are often two or more ways to perceive a case.

There usually are confidential caucus sessions and joint sessions. Confidentiality is respected at every stage.

Sometimes a business solution works. Several settlements were based on the parties working together to create a new business activity, thus creating opportunity for both sides and mutual willingness to dismiss the case.

The effective mediator is first a good listener, and does not miss the emotional elements of the case. Sometimes they matter more than the facts and the law.

A mediator must develop mutual credibility with each party. This requires the mediator to dismiss any thought of wanting to settle the case in order to enhance his/her record. Mediation is not about the mediator. He/she serves as a catalyst who is helping the parties to move from a must have position to a practical position of what will best work. It is about quiet nudging, not pushing.

Published Articles and Presentations

June, 2017- “Observations On Mediation”, published in Lawyer Monthly, a U.K. periodical sold internationally.

April, 2017-Presentation on Mediating Landlord-Tenant disputes for Rockford, Illinois lawyers.

June 2015- Wrote and presented a seminar on the Fundamentals of Mediation for the Fox, Swibel, Levin and Carrol Law Firm, Chicago.

2011-2015- Articles published by the Chicago Daily Law Bulletin and Finra’s “Neutral Corner” on mediation generally and on the emotional elements involved in mediation.

Wrote and presented a seminar on mediation for the law firm of Gaido and Fintzen, Chicago.

Presentation on mediation methods for the law firm, Sonnschein, Nath and Rosenthal, Chicago.

Several presentation for attorneys and judges on mediation methods given in Cook County Circuit Court, Chicago.

2011- Presentations on Fundamentals of Mediation as part of a seminar for the Will County, Illinois Bar Association.