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 reflect on 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 contemplate whether a joint session will be of any benefit. 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, including reality-testing draft language and clarifying ambiguities to ensure an enforceable and resilient deal.
