A thoughtful approach to dispute resolution.

Clarity

We gain an understanding of the facts, the legal issues, and the interests of everyone involved.

    • Leslie invites each party’s counsel to join her separately in a call before the mediation to help lay the groundwork for productive discussions.

    • Leslie requests each party to submit a brief no later than 10 days before the mediation. 

    • Briefs should not exceed 10 pages. 

    • Leslie encourages parties to provide key exhibits.  The most helpful briefs include the procedural posture of the matter (i.e., noting it is a pre-filing dispute, or applicable deadlines in filed cases), a detailed factual discussion with supporting evidence, issues of concern, leverage points, prior settlement offers, and financial considerations that may impact negotiations (such as the company’s financial challenges, insurance coverage, and damages mitigation). 

    • Leslie does not require parties to exchange briefs, although doing so may facilitate more meaningful and efficient settlement discussions.

Perspective

We explore different viewpoints, identify underlying needs and concerns, and analyze potential risks for each side.

    • Following introductions, Leslie will spend time with each side in multiple individual caucuses to further explore the facts, legal issues, and potential leverage points. 

    • Leslie encourages parties to keep an open mind and to be flexible on how the mediation proceeds as no two cases are alike.  The goal of the caucuses is to encourage parties to assess the strengths and weaknesses in their cases, and to provide an opportunity to evaluate realistic options for settlement. 

    • Leslie does not hold joint sessions unless all parties agree to request one.

    • All statements made and materials submitted in mediation or in follow-up mediator discussions through settlement completion are confidential, privileged settlement communications that are made without prejudice to any party’s legal position.  Such statements and materials are not discoverable or admissible for any purpose in any legal proceeding. 

    • All parties and counsel shall sign a confidentiality agreement before the mediation commences. 

Resolution

We work together to find common ground with the goal of achieving closure for both sides.

    • It is critical that everyone who is necessary for settlement decision-making attend the mediation. 

    • Parties should have sufficient authority to complete a settlement at the mediation.

    • Parties are encouraged to circulate a draft memorandum of agreement before the mediation.

    • If the parties do not settle at the mediation, Leslie will participate at no charge, in her sole discretion, in reasonable follow-up to help finalize settlements.

    • Lengthier follow up requested by the parties may be subject to additional charge at Leslie’s hourly rate.   

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