Mediation and Settlement Facilitation
Benefits of Mediation and Settlement Facilitation
90% of disputes are settled prior to litigation, trial or judgment
parties report a higher satisfaction rate with alternative dispute resolution
potential to avoid the expense and delay of litigation
parties engage in creative problem solving and practical solutions tailored to their needs, which a judge could not or would not direct
helps maintain and/or repair the relationships between the parties
provides an opportunity for each party to fully express their position, more so than in a court setting
maintains privacy and confidentiality of proceedings and the results, particularly desirable for sensitive or private matters
allows for direct communication between the parties
parties can test strategies, strengths and theories of their case
opportunity to influence how opposing party views the case
avoids a win/lose all-or-nothing decision from the court
I provide mediation and settlement facilitation services in the following areas:
Real Estate - commercial and residential real property, transactions, title review, easements, licenses, landlord/tenant issues and homeowners' associations
Business - contracts, license agreements, claims for debt and money due, breach of contract/warranty, construction, corporate entities, and tort law
Wills, Trusts and Probate - estate and probate matters including asset administration and distribution
Family Law - divorce settlements, custody, child visitation and spousal support
Employment - employees and employers, management practices, discrimination, harassment, compliance with labor laws, safety issues, employment contracts, agreements, policy and procedure
Rates and Fee Schedule
Mediation Hourly Rate - $250.00/hour + New Mexico Gross Receipts Tax
Settlement Facilitation Hourly Rate - $250.00/hour + New Mexico Gross Receipts Tax
Legal Counsel Hourly Fee - $200.00/hour + New Mexico Gross Receipts Tax
What Is Mediation?
Mediation is a confidential process designed to allow the parties an opportunity to engage in meaningful discussions about the facts and emotions at the heart of their dispute. This is done in a respectful environment facilitated by a trained mediator. Those who participate in mediation are encouraged to do so with civility, accountability and self-determination, offering their ideas to any agreements reached. Mediation as a method of alternative dispute resolution often provides parties with more palatable results than litigation. This is because each party contributes to and benefits from their own creative, practical solutions rather than leaving decision-making to the courts. In most instances, mediation provides participants with a realistic perspective on the strengths and weaknesses of their case. Mediation may take place with or without attorneys present, and may be scheduled by the parties directly or by an order of the court. Parties who mediate are under no obligation to resolve their differences at mediation. However, it can often resolve smaller issues thereby narrowing the scope of a dispute. Mediation has the added benefit of saving the parties time and money when compared to litigation. Mediation can be used for any type of disagreement - family members in conflict over probate distributions; couples trying to sort out the division of property, child custody arrangements and divorce; business partners in disagreement; real estate transactions gone awry; or differences with a neighbor.
What is Settlement Facilitation?
Settlement facilitation is another form of Alternative Dispute Resolution. It too is a confidential process, outside of court, by which the parties seek to have an attorney settlement facilitator hear the particulars of their disagreement. The settlement facilitator gives her assessment as to the strengths and weakness of each position and likelihood of success in court. The goal of of settlement facilitation is to provide the parties with realistic evaluations of their case, resolve some or all of the matters at issue and guide the parties to achieve settlement out of court. Usually, but not always, the parties are represented by attorneys. The parties, or their attorneys, submit written position statements to the settlement facilitator prior to the scheduled conference. At the settlement conference, the parties meet with the settlement facilitator, often in separate rooms, to discuss the details and possibilities of resolution and, assist them in negotiating terms of settlement. This court alternative process winnows down the issues that may eventually be brought before the court, or resolves the matter completely. Many judges refer litigation cases to settlement facilitation to alleviate the court's docket, which saves the parties and the courts both time and money when compared to litigation.