What is 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 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 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 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 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.
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.