PHILOSOPHY

I encourage parties and counsel to complete arbitration proceedings as rapidly and cost-effectively as possible. Subject to the parties' agreement, I discourage depositions, limit documentary discovery to essential documents, encourage dispositive motions if appropriate, expedite hearings and issue an award as soon as possible.
I also encourage the parties to use a sole arbitrator to avoid unnecessary costs and delay. My trial experience enables me to evaluate and rule quickly on all pre-hearing and evidentiary issues.

I am a strong advocate of the mediation process as a lawyer representing my clients and as a neutral party seeking to facilitate a settlement. My role is to be completely prepared prior to the commencement of the mediation by carefully studying the submissions of the parties and making it clear from the outset that I am a neutral facilitator of settlement, not a decision maker, and that I am willing to take as much time as is necessary to assist the parties in reaching a resolution.
I encourage direct dialog between the parties themselves and urge counsel to act as counselors for their clients, not just adversaries. By that I mean that counsel should be candid with their clients about the strengths and weaknesses of their cases and fully inform them of the risks of proceeding with the litigation. I usually hold joint sessions and then caucus with the parties and counsel to given them an opportunity to discuss their positions confidentially with me.
If asked, I will help the parties craft their settlement offers and demands. I strive to be as creative as possible in recommending solutions and overcoming barriers to settlement. That may include meeting with the parties together without counsel present if counsel and the parties agree.
If the mediation has reached an impasse, with the parties permission I will make a mediator's proposal which either party can accept or reject. This approach has worked in several of the mediations I have handled.