Mediation is not an exact science where every mediator handles the process the same way. There are similarities among all mediators in that the goal is to resolve the dispute presented by the parties, and to do so in a manner which ensures that the final agreement is stable and enforceable. Among mediators, this is referred to as creating a “durable settlement agreement.”
The mediator’s style will vary depending upon the facts of the conflict. Carole earned her Master of Laws in Dispute Resolution, with a Specialty in Mediation, from the Straus Institute for Dispute Resolution, a well-known and highly-regarded program offered through Pepperdine University School of Law in Malibu, CA. The Straus program is unique in that all styles of mediation are studied and discussed in intense detail. The professors are an elite group who have broad-based experience in mediating all types of disputes.
For conflicts involving financial issues, the most common style is known as “evaluative mediation” where the mediator will work diligently to help the parties look at their dispute in a precise way so that the monetary outcome makes sense. In general, because the parties are looking to resolve monetary discrepancies, the mediator must have a good understanding of the facts which gave rise to the financial dispute. Although the mediator will help the parties with many of the underlying issues, the mediator gives no legal advice nor makes any judgments regarding the conflict. Most parties have able and talented lawyers who will provide legal, strategic and other advice throughout the mediation.
Carole’s mediation style uses a combination of evaluative techniques and other “tools” to help the parties resolve their dispute so that in the end, they have decided for themselves what works for them. Carole’s goal is to remain neutral, yet informative, in a manner which is not heavy-handed or intrusive. Self-determination is critical. Here are examples of “Tools” which may be utilized to facilitate a positive outcome.
To create a comfortable and hospitable decision-making environment, Carole’s style relies upon courtesy and common sense. If the parties are willing to work hard, Carole’s experience is that most cases will be settled through effective mediation.
Areas of Practice
- Estate Planning
- Landlord – Tenant
- Real Estate
- Health Care
- Companion Animals/Service Animals/Pets
- Homeowner Associations
- Contracts (General)
- Other (Please call or email to inquire)