When conflict escalates or when legal processes are likely/ongoing, mediation is sometimes appropriate. We have substantial experience in mediation and based our work on the principles developed by Gary Friedman and Jack Himmelstein of The Center For Understanding in Conflict. Our experience includes mediation in the topics of environment, natural resources, business, as well as litigation/court related mediations.

A schematic of a common approach to mediation

Our approach is founded on the following goals and tasks:

  • Make it a real alternative to litigation (not just a softening of litigation)
  • Help clarify the choices that the parties face
  • To keep the power of resolution with the parties, not the mediator
  • Discourage the customary “settlement culture” that impedes effective resolution
  • Improve communications and the exchange of necessary information
  • Enhance the development of resolution options
  • Help the parties better understand how to improve settlement decisions
  • Assist the parties, as mediator, in identifying and avoiding likely decision-making errors
  • Recognize the implications of difficult conversations in settlement negotiations
  • Encourage thoughtful and thorough preparation

McMahon 2008 Colorado Lawyer article on mediation