In addition to mediation, PGP mediation is available to provide private case consultation, discovery coordination, and settlement conferences .

PGP Mediation can also provide consultation services and training to businesses and organizations in all aspects of facilitation, conflict management and dispute resolution design.

Fee schedules and curriculum vitae are available upon request.

Misperceptions of Mediation

1) Mediation is Arbitration.

Definitely not. In arbitration, the arbitrator makes the decision. In mediation, the parties determine their own outcome.

2) The Mediator Decides One Party is "Right" or "Wrong."

False. The mediator is a facilitator. The parties come first and make their own decisions.

3) Mediation is Used Only to Resolve Legal Disputes.

Absolutely not. Mediation is based on principles of negotiation, not on a model of right and wrong. Accordingly, this process is quite flexible and often is used to resolve conflicts that do not involve legal issues.

4) The Other Side Won't Agree to Mediate.

This is a perception that commonly proves false. More frequently than most people think, the other side is amenable to the mediation process and merely needs to be approached. What do you have to lose by trying? After all, most of us share in common the desire to stay out of court.

5) It's Too Late to Mediate.

It's rarely too late. If there is still sufficient benefit to you insofar as you are contemplating mediation, chances are there is perceived benefit to the other party as well.

6) Mediation Won't Work.

Generally, it will. Studies show that approximately 85 to 90% of commercial cases that end up in mediation result in an agreement. Other studies show that even when mediation does not result in an agreement, the parties find value in the process and/or decide they do not need a formalized agreement.

7) Mediation is Too Good to Be True.

Not at all. While mediation is new to most of us, it is not new in terms of its existence. Many countries and institutions have used mediation for years. Mediation is being used and/or endorsed by organizations such as the American Institute of Architects, the National Association of Securities Dealers, the United States Post Office and the EEOC. Rather than be too good to be true, an increasing number of people believe mediation is too good to pass up.

Benefits of Mediation

• Increased Satisfaction. In post-mediation surveys, parties indicate a very high level of satisfaction with both the process and the results of the process. You can reach an agreement that is of your own free will, and not imposed by a judge or jury. Mediation has a success rate of 85 to 95%.
  
• Reduced future legal actions. Save time and money. Agreements created by the parties are more satisfying to the participants and save additional court costs and legal fees.
  
• Your views are heard. In a courtroom setting, judges do not hear the emotional aspects of a case, because they are concerned with the legal facts. Mediation considers all aspects of the case.
  
• Avoids time constraints. When in court or negotiating "on the courthouse steps," the rush to settle may force parties into agreements they later regret.
  
• Reduced stress and fear. In mediation you are not "cross-examined." There is no fear of getting up on the stand and having to testify. Mediation is conducted in a relaxed atmosphere that enhances the settlement process.
  
• Increased Privacy and Confidentiality. The only record of the process is the agreement (if one is reached). The details of your case are not exposed, and there is no public record of the process

ATTORNEYS: Make Mediation Work to Your Advantage

Allow your client to be the center of the process.
Give your clients the opportunity to "tell their story". Oftentimes this allows the other party a greater understanding than "just the facts" because they hear "the other side" directly from the opposition. Discovering the real interest as opposed to the position.

Remember, the dispute belongs to the client.
Act as an advocate for your client to ensure their legal rights are protected.

Permit the mediator to speak directly to your client.
This gives the mediator the ability to reframe interests, creates a clearer understanding for the opposing party and helps them down the road to a resolution, creating an environment that enhances the settlement process.

Tolerate emotional venting.
The opening statements may seem like a waste of your time. However, the emotional release experienced allows them the ability to let go of the conflict and focus on a workable solution for the future. A skilled mediator separates the people from the problem and works to get the parties to focus on working together, attacking the problem rather than each other.

Don't give up too quickly.
Mediation is a process – not an activity. Sometimes the mediator may know of a possible concession or detect "movement" from the other party of which you are not aware. Perhaps the other party has revealed something to the mediator in caucus and has asked him/her to keep it confidential.

Recognize your clients' positioning and resistance to settle.
Encourage that they participate in the process and put forth a "good faith effort". When preparing your client for mediation, please explain that this is a real opportunity to resolve the dispute and that the parties control the outcome as opposed to a judge or jury deciding their fate.

Use the mediator.
This is especially valuable if your client has unrealistic expectations. Let the mediator present a different point of view or perhaps a "reality" check. Recognize that the interest initially expressed by your client may change. Often the real interests of the parties surface during mediation.

Give yourself the flexibility to create options.
Allow the parties to brainstorm ideas and possible solutions that may be outside the normal remedies available through the court.

Choose to mediate when the conflict cost is high.
You will gain a reputation in the community as an attorney who gets results and you will become your clients' hero. Don't waste time waiting on the system. One of the most effective tactics I have seen is using mediation to create a temporary settlement in divorce cases. This drastically reduces the stress and anxiety for your clients. This approach in turn allows you the freedom to focus on the case and not on the clients day-to-day conflict.

"The Cost of Conflict" has to do with the "other costs" clients pay, including:

• Time the client devotes to the dispute. This time includes gathering documents,
  
• Short-term and Long-term repercussions on business, credit reports, and relationships,
  
• Emotional cost and pain endured by the client simply due to the amount of time the case drags on,
  
• Opportunity cost. What else could they have done with their time had they spent that mental energy on finding a resolution that was acceptable to both parties rather than on "the fight?" Additionally, what else can your clients have done with their hard won monies?
  
• Loss of control of one’s own financial choices can be devastating.

As an attorney, you know that the vast majority of cases are going to settle before they are tried in court. Wouldn't you be interested in reducing the time and energy you put into a case and have a larger profit margin when the case is closed?