I’ve recently started a mediation practice. Each time I’ve mentioned this to someone, I’ve encountered the same questions. I realized the dialogue would be helpful in explaining what I am doing.
Why now?
- More and more, lawyers have been saying to me “you would be a good mediator.”
What’s your skillset and why does it differentiate you from others?
- This is the “brag” question.
- First (and this is not a skill differentiator but rather a skill confirmation) I’ve litigated and tried cases in trial and appellate, and state and federal, courts for 35 years, covering half the country, concerning a broad swath of subjects.
- Second, I am often praised for analytic skills and reasoning. Whatever success I have had in practice, or in life in general, comes from my ability to rapidly comprehend, simplify, and explain a wide array of concepts, regardless of complexity, to others.
- Third, I’m respected by others. In the last handful of years I have been asked to speak by the Chief Justice of the Supreme Court of Georgia; Georgia State Court Judges annual meeting; Georgia Probate Judges Annual Meeting; Georgia Association of Criminal Defense Attorneys; Georgia Bar Social Security Section; local bars of Atlanta, Cherokee County, Clayton County, Dekalb County, Forsyth County, Muscogee County, Tift County; and Mercer University School of Law.
What kind of cases will you mediate?
- Initially, I am going to try to stay within my experience, which, broadly, is “business related.” “Business related” is, pretty vague. For example, I would likely not do a family law case, but, if the sole remaining portion of a family law case concerned business valuation, that would be business.
What are you going to charge for your services?
- Take a look at the price lists for the major mediation services. I will set prices in the lower quartile of those price ranges. (This is roughly how I set my billable rates for litigation.)
Will you do remote (for example, Zoom) mediations?
- Yes.
What preferences will you have as a mediator?
- I will want to be brought up to speed before the mediation, either in writing, by phone, or both.
- Each side should come ready with its opening offer if the circumstances make that possible.
- The authority holder should, unless absolutely not possible, be present, not just available.
Are there other practical issues?
- I can keep my rates low because I have negligible overhead. This means I don’t provide conference rooms, a/v setups, cookies, crackers or soft drinks. In other words, you would either need to provide space to which you have access, or, I can rent daily space at your cost.