The Mediation Process

I’ve mediated a broad range of civil cases with firms and companies, large and small. I never loose sight of how significant each case is to you and your client. I will treat all participants equally: with respect, neutrality, compassion and diligence.

The following is a sample of issues I’ve mediated:
• Employment including EEO, discrimination, and harassment
• Personal Injury / Wrongful Death
• Products Liability
• Premises Liability
• Real Estate contract disputes and foreclosures
• Homeowners and Condominium Associations
• Admiralty & Maritime
• Business transactions, partnerships and dissolutions
• Commercial & Civil litigation
• Contract disputes
• Insurance coverage disputes, including bad faith
• Nursing Home and medical malpractice
• Probate
• Professional and legal Malpractice, including Errors and Omissions claims
• Americans with Disabilities Act violations
• Building & Road Construction
• Automobile, Tractor trailer & commercial vehicle accidents
• Workers compensation coverage and claims
• Land use and land boundary disputes
• Civil Rights and 42 U.S. Code § 1983 actions

Choosing mediation first can avoid both emotional and financial costs, especially when children are involved. 

You may choose to work with a Mediator whether you have Lawyers or not.

You will be required to go to mediation before a Trial is scheduled.  ( See Administrative Orders on the resource page.)  An early resolution can avoid unnecessary conflict.

You can file your Divorce, Paternity, child support or other Family Law case without a Lawyer. While working with a mediator,  lawyers may be consulted and/or retained at any time.

 The on-line Family Court forms, with instructions, are available here.

The Mediator cannot make you do anything you don't want to do. 

Mediation is confidential.  

The Mediators role is to assist you in identifying issues, fostering joint problem solving, and exploring settlement alternatives.

To maximize your mediation time, it is helpful that you bring your completed Financial Affidavit with you, even if you have not complete the other forms. You can find the financial forms here.

While working with a Mediator,  Lawyers may be consulted and/or retained at any time.

The mediation process may result in a settlement without extensive litigation. Mediation will be required prior to the scheduling of a hearing or trial.  This applies to new cases, as well as cases involving the modification of an existing order.

The Americans with Disabilities Act (ADA) became law in 1990. The ADA is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public.

Since 1988, I have been a panel Mediator for the U.S. Department of Justice/Key Bridge Foundation for Education and Research for cases filed alleging a violation of the ADA.

Although ADA claims involve a variety of issues, certain alleged violations are more frequent. 

Service animals: A service animal is any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability.

Since 2011, only dogs are recognized by the Federal government as service animals.

In situations where it is not obvious that a dog is a service animal, only two specific questions can be asked: (1) is the dog a service animal required because of a disability? and (2) what work or task has the dog been trained to perform?

An individual using a service animal is not required to answer any medical questions. Disabilities are not always obvious. For example, individuals with diabetes or seizure disorders may have a dog trained to alert their owner before a medical event occurs.

Service dogs are not required to wear a vest, special harness or ID Badge to distinguish them from pets. The Americans with Disabilities Act does not require any special identification of service animals. 

The purchase of a vest, special harness or ID Badge does not make a pet a service animal.

Emotional support animals, comfort animals, and therapy dogs are not service animals under Title II and Title III of the ADA.

Deaf Interpreters: Is a service provider required to pay the cost of a sign language interpreter? Generally, yes. A service provider, such as a Lawyer, Accountant or Doctor has a duty to provide effective communication, using auxiliary aids and services that ensure that communication with a person with a hearing loss is as effective as communication with others.