Custom Design for your Dispute

Some forms of mediation can be combined with others to meet the unique needs of the parties and attorneys.

This example is based on an actual case. Before beginning the resolution of a complex employment dispute, the parties wanted every opportunity to negotiate a settlement. Counsel therefore agreed that the dispute resolution process would be in three phases. Phase one called for traditional mediation. If the parties reached an impasse, the mediator would then move to phase two, calling for pocket golf mediation in which the mediator would propose a final monetary or nonmonetary solution to each side in private caucus sessions. If neither party accepted the mediator's recommended solution, the mediator was authorized to go to phase three: binding mediation in which the neutral would pick a monetary or nonmonetary solution that both parties were bound to in the form of an award. Incidentally, the case settled in the first phase.

During the Pre Process Conference, Paul Fisher assists counsel in the creation of a dispute resolution process most appropriate for their case.