What strategies do you use in the meditations you conduct?

While this is always a case specific decision, I generally prefer to start with the neutral position, creating a safe environment in which the parties are free and comfortable saying their truths and what is really important to them about their disputes. I try to have the other party to the dispute acknowledge that the speaker has been heard even if there are substantial differences or points of view. I often find this process of empathetic listening reveals the solution to the dispute that creates a win-win for both parties.

Because I have over 40 years of litigation experience, I am also willing to utilize the evaluative strategy, pointing out the weaknesses and strengths I see in the party’s positions. I am often able to do what the parties’ own lawyers are unable to do for fear of offending or alienating their clients. In the end, I work for all stakeholders and help them to make the best decisions they are capable of making. Getting to their real interests and needs is the primary key to successfully resolving disputes.