Mediation
In a mediation (also known as a “settlement conference”), Tricia participates as a neutral, facilitating communication and helping to guide the parties toward their own resolution of a dispute. This can occur at any stage, or even multiple times, during the course of a dispute, including before a lawsuit is filed.
To prepare, each side will send Tricia a concise summary of its position. Tricia will have at least one substantive conversation with each side's representative, and will likely customize questions or issues for each party to consider prior to the scheduled mediation session.
The session is tailored by and for the parties and their representatives ahead of time. They will agree on a location, estimate the duration, and determine whether a joint session will be beneficial. If the session will be online, technological security protocols will be reinforced, and systems tested in advance.
Tricia will not take sides or make decisions for the parties. Instead, she becomes an “advocate for the deal.” She takes an evaluative approach, candidly assessing each side’s position, and exploring creative alternatives to spending additional time and resources litigating.
Once an agreement is reached, Tricia helps the parties document a written settlement, reality-testing draft language and clarifying ambiguities to ensure an enforceable and resilient deal.
Tricia does not give up easily. While she is efficient and respectful of everyone's time, she is committed to facilitating the exploration of all potential avenues for settlement. Sometimes that means transcending the contemplated duration of a mediation session. Tricia has the stamina for the long hours that are at times needed to properly negotiate and document a deal. She strongly encourages the participants and their representatives to share that commitment, as long as the time together remains productive.
