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Mediation Information and Services

The mediation process is a voluntary, non-binding process that allows the parties to discuss their concerns in a confidential, non-confrontational setting.

Myth: Mediation means splitting the baby in half, compromise, or touchy-feely.

Reality: Mediation means understanding the issues and concerns, allowing everybody to be heard, and exploring collaborative, workable solutions that fit the parties’ needs. In short, an experienced mediator can help the parties collaborate and achieve greater results than if the parties compromised or went to court.

LPM Mediators are trained to listen to the parties, ask the right questions, and help the parties break impasses to achieve results. Conflict is merely a “difference of perception” that arises for a variety of reasons. In mediation, everybody has an opportunity to “their side of the story” so that all of the information is on the table. Many times this is the first time that the parties have actually talked with each other about the dispute. Experienced mediators can help the parties reframe and refocus the dispute into an effective and workable agenda. Mediation focuses on “healing the dispute” so that the parties can move forward. As such, mediation focuses on issues rather than placing blame or liability. Mediators control the process but not the parties; thus, the parties take control, responsibility, and accountability for the dispute and results. The mediator, however, serves as a facilitator and agent of reality during the mediation. The parties are empowered to see the issue in a new way, as the mediator removes toxicity, negativity, and positions out of the dispute. Once emotions are from the equation, the opportunities are unlimited.

In litigation cases where the parties are represented by attorneys, the mediator often becomes an attorneys’ best friend. Mediation sessions allow the attorneys to see the performance of their client as well as the other side. While this may seem trivial, this benefit cannot be understated. Often a client may be honest and trustworthy, but when it comes to depositions and trial testimony, the parties fall apart due to nerves and anxiety. Additionally, mediators can help the attorneys gain control of their clients and/or the other side when necessary. Attorneys focus on liability and calculated risks; Mediators help both sides see the facts, evidence, and options to settle matters while maintaining the highest level of integrity and benefit to their clients. In the few cases where parties do not resolve all of the issues in a mediation session, experienced mediators can assist the parties by facilitating effective ground rules for discovery, issue parameters, and the best method of resolving the case.

Mediation is not an all or nothing process. On in solidifying the settled issues and set realistic ground rules for the remaining issues. This keeps the dispute focused and empowers the parties to pursue other ADR processes for a fast, cost-effective resolution.

LPM has settled hundreds of cases arising out of a variety of situations. No dispute is too big for us to discuss and facilitate providing the parties are willing to participate in good faith. Good faith means that the parties are willing to discuss the issues, their concerns, and possible solutions.

WHAT TYPE OF SITUATIONS ARE MEDIATABLE? All disputes are mediatable if the parties are willing to give mediation a try. We have successfully resolved disputes in the following areas:

  • Land use issues
  • Planning issues
  • Environmental issue
  • Commercial property lease disputes
  • Permit issues
  • Boundary disputes
  • Subsequent repairs
  • Construction defects
  • Errors and omissions
  • Zoning problems
  • Liquidated damages
  • Change orders
  • Alleged misrepresentation
  • Inspection issues
  • Homeowner association issues
  • Disputes over functional defect verses aesthetic defect
  • Buyers remorse issues
  • Disputes over commission
  • Broker disputes
  • Neighborhood disputes
  • Interagency disputes
  • Regional disputes
  • Licensing issues
  • Intra-office disputes
  • Human Resource issues
  • Labor / Management Issues
  • Business Disputes
  • Sexual harassment
  • Wrongful termination
  • Divorce
  • Parenting issues
  • Custody issues
  • civil suits
  • Criminal delinquency
  • Insurance issues
  • Construction contracts
  • Construction defect
  • Homeowner disputes
  • Real estate
  • Attorney/client issues
  • Title problems
  • All types of sensitive issues (personal and business related)

LPM welcomes multi-party disputes and group facilitation. We have resolved disputes “in the field” as the dispute arises, on courthouse steps, in boardrooms, hospitals, and in our office. We also conduct online and telephonic mediation sessions under certain circumstances. The fee is split equally between the parties unless the parties agree otherwise.

  

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