How We Work

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Boundary and Easement Disputes

Retaking Prescriptive Ingress-Egress Easements through Adverse Possession. Huh? Do “Good fences make good neighbors”?

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Breaches of Contract

“I don’t want to buy/rent this anymore. But I still want to sell/lease it to you, at the original price.”

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Non-Disclosure of Known Defects

“You didn’t tell me about the…and it’s costing me a LOT of money to fix.”

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Family Partition Actions, Partnership Dissolutions

“I want to sell Mom’s house, even if you don’t.” Or, “We just don’t get along anymore and I want out.”

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Broker Negligence

“My broker didn’t tell me about…” “Yes, s/he did.”

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Fraud in the Formation

“You lied when you said…and you knew it wasn’t true.”

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Loan Workouts and Renegotiations, Foreclosures

Non-Paying Tenants vs Bank Demanding Loan Payments

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Commercial Evictions

Force Majeure or Frustration of Purpose Defenses

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Title Insurance Claims

Insured Claims against Ownership

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The Introduction
Any selection of a mediator (or any professional) is preceded by an introduction, a review, a check to see if the mediator and the case are appropriate for each other. We’re no different here. Our Website contains a host of information about us, the process and our availability.

Once we receive an inquiry, or a scheduling request, we reach out to the parties to be sure we’re a good fir for what you need.

Executing the Mediation Agreement
The Paperwork stage is - we hope - simple and easy. We talk about what’s expected, and what it will cost. There are no secrets and we’re as transparent as we can be as we begin the mediation relationship.
Scheduling the Mediation
We’re at your disposal, as much as time allows anyway. We know time is of the essence in most cases, so we allow you to pick the date for your mediation.
Pre-Mediation Teleconference
At the outset, the Mediator will set up a telephone conference with the attorneys (or parties) to the Mediation. This is when we review the general characteristics of the case, who should be present at the mediation, how it will be held (generally by Zoom conference, although special alternate arrangements can sometimes be made). We answer as many questions as we can in this initial meeting, so as to make the mediation flow as easily as possible when it occurs.
Submission of Confidential Mediation Statements
A week of so before the scheduled Mediation, the parties and their lawyers can (and often do) submit a Confidential Mediation Statement. This is a document that is not shared among the other parties to the Mediation and contains special insights to the case the one side or the other wants to bring to the Mediator’s attention.
Submission of NON-Confidential Mediation Briefs and Documents
Three days before the Mediation itself, all parties MUST submit a Non-Confidential Mediation Brief, which is shared among all the participants in the Mediation. The Mediation Agreement sets forth all the details to be included in the Mediation Brief. Any documents or reports to be used in the Mediation are also submitted (even if not shared) at this time. This included as template Settlement Agreement to be used when (I prefer that, and not ‘if’) the Mediation is concluded.
Final Pre-Mediation Teleconference
Just before the Mediation, the Mediator will check in with the Mediation participants (or their attorneys) to check in any “last minute” issued or concerns. We remind everyone of some Tips and Traps relating to a successful mediation and make sure (as best we can) everyone is ready to go on Mediation day.
The Mediation
On the day of the Mediation, we get everyone checked in and situated, touch on any 11th hour issues, and begin the process.
Post-Mediation Follow Up
In the event the Mediation is unsuccessful, we will touch base with each side afterward, to see if any further roadblock might be overcome, or to render whatever additional assistance we can to help the parties come to settlement.
Schedule a Mediation

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