What is Mediation?
Mediation
Mediation is a facilitated conversation in which a neutral helps parties work through conflict toward a binding agreement that resolves their differences. The format of a mediation can, and should, change based on the needs of the parties. Mediations often start with everyone in the same room discussing how the matter may be resolved, then frequently break up into separate “caucus” sessions where the mediator meets with each side individually. With very few exceptions, what transpires during a mediation is kept confidential, allowing for private dispute resolution. Depending on the needs and preferences of the parties, mediations can occur in person, over Zoom or in a combination of the two. Most mediations take place in a single day, but some happen over multiple days.
What kinds of cases does Amy mediate?
The majority of cases Amy mediates fall into one of four categories
Commercial
Commercial cases involve disputes between businesses. Common types of cases include breach of asset purchase agreements, breach of contract claims for goods or services, breach of commercial lease agreements, partnership disputes including “business divorces”, and unfair business practices claims.
Consumer
Consumer cases arise between an individual and a business. Typical cases include condominium disputes, consumer protection claims, insurance coverage claims, landlord-tenant claims, mortgage servicing disputes, and property boundary disputes.
Employment
Employment matters develop as the result of a potential, existing, or former employment relationship. These claims may include breach of a confidentiality and non-disclosure agreement, breach of a consulting agreement, breach of an employment contract, employment discrimination claims on a variety of bases, prevailing wage claims, retaliation claims, trade secrets claims, wage and hour claims, and whistleblower claims.
Negligence
Negligence and personal injury cases stem from the action or inaction of one person or business that results in harm to someone else. These claims can include premises liability, professional liability, and products liability claims.
Working Together
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How do we get started?
After verifying that there are no conflicts of interest, Amy will speak with the attorneys and/or parties involved to determine the timing, location, and duration of the mediation, and the parties execute an agreement to mediate. Amy then works with the attorneys and parties to understand the underlying issues and design the best possible mediation process based on the needs and interests of the parties. If Amy believes the parties would have greater success with another mediator, Amy will not hesitate to make a referral.
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What happens if we reach agreement?
In most cases, the parties reach an agreement. Amy will assist the parties or their attorneys in preparing a memorandum of understanding that reflects the key terms of the agreement. The parties will sign that agreement, and usually their attorneys prepare more formal settlement documents at a later date.
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What happens if we don't reach agreement?
From time to time, the parties do not reach an agreement for a number of reasons. In some cases, the parties do not have sufficient information to feel they can make a good decision, while in others, they may need guidance from the court or from other sources to have a real sense of the value of the case. Never fear, though - Amy is persistent! Expect Amy to follow up with the parties or their attorneys on a regular basis to see if there is an opportunity later on to finish the work that they began.
Contact Amy
If you or your clients want to avoid the time, expense, and stress associated with litigation, contact Amy or review the Services page to learn more about your options.
As a professional litigator for more than 40 years, representing business owners in all types of their civil claims and disputes, the most consistent variable in all of these matters is the client’s desire to limit his or her costs and to achieve finality and closure to the problem. Amy Mariani is a professional mediator who has the ability to step into these types of disputes and share her insight and experience to bridge the gap of the position of the parties. Amy accomplishes this task in an efficient, cost effective and professional manner. When Amy becomes involved in these mediations, she not only conducts personal, pre-mediation meetings with each of the lawyers in the case, but also then works very hard to learn about the actual basis of the dispute. These preliminary steps enable her to ultimately design an acceptable case resolution for all of the parties. Amy has become my “go to” Mediator when I know that my client’s case has become ripe for resolution.