I provide the skills and experience that help motivated parties settle.
First, I’m objective. This means I don’t play favorites or put a thumb on the scale. It also means I make sure all parties understand reality. The reality is that virtually all disputes and lawsuits settle — it’s just a question of how much time and money you want to consume along the way. I make sure parties — even difficult personalities in difficult situations — accurately appreciate litigation risks, opportunity costs, and the actual costs of failing to reach a settlement. This is especially important for parties who might someday work together again.
Second, I bring leading-edge tools, from the fields of behavioral economics, law, psychology, and neuroscience, taught at Stanford Law and elsewhere, that deal with the reality of how humans make decisions. At this point, we know that humans have approximately 100 cognitive biases — systematic ways in which we all deviate from rationality — and from economic self-interest — when deciding what to do. All of these are roadblocks to settlement, even before personalities are taken into account. My method and process helps parties avoid these roadblocks. My related tools then get parties on a path towards resolution.
Third, I’m creative and tenacious in generating new settlement structures until the parties find one they accept. My settlement creativity comes from three things. First, I know to use the correct building blocks — the key facts, the key law, and the key interests of each party. I put the focus on what matters, not what doesn’t. Second, I’m practical and innovative at the same time. This is because, third, my years of appellate and litigation work trained me to generate new solutions quickly. Now add grit and perseverance: I keep working with the parties, even the most difficult personalities, generating real-world solutions until parties agree.
Mediation Cost / Fees / Discounts
Generally, mediation costs $175 / hour per party. Substantial discounts, up to 50%, applied equally, are available for qualifying parties (such as students, emerging artists, and fledgling startups). Sliding-scale flat rates are also available, split equally by the parties. Once the parties have voluntarily agreed to mediation, let’s chat about cost / rate. For motivated parties that have taken the initiative to voluntarily agree to mediation, we can find a rate structure that works.
Arts District / Art Museum Area | The Historic Marlborough Building | 180 High Street #14 | Portland Maine 04101 | One block from the Westin Harborview Hotel | Two blocks the Portland Museum of Art in downtown Portland Maine.