Achieving agreement through mediation

Why mediate?

Unlike litigation, mediation offers participants the opportunity to chart their own course–they decide whether and how they wish to reolve their dispute.  But contrast, litigation puts case resolution in the hands of strangers–a judge and jury, which although a good system, can be imperpect, imprecise, slow, and expensive.  Often hotly contested litigation resulting in trial is not the end ot the matter either; appeals can result in problems anew.  Mediation is self-determination, and often better than other alternatives.

Mediation Philosophy

Lawyers generally don’t guarantee results.  Even well seasoned, aggressive trial lawyers are likely to agree that even when all the law and all the facts are in their client’s favor, sometimes things happen and the issue prestented, the motion, or the case will lose.  Some attorneys might have a standard set of odds for this–they might say for example that this will happen one time in ten, or some other percentage of the time, but nearly every attorney agrees on the concept.  Even a blind squirrel finds a nut sometimes.  Thus parties who put the decision of their case in the hands of judge or jury face a downside risk that cannot be elimintated.

But mediation offers certainty.

Sometimes in litigation parties lose objectivity that might otherwise help resolve a dipute, perhaps because the parties have counsel hired to aggressively champion issues, or because the parties end up polarized as a result of past conduct.   Mediation often helps clients and lawyers alike more fully appreicate case strengths and weaknesses, or perhaps alternatives that might help bring cases to an end early, so that parties can resolve disputes on agreeable terms, at minimum cost, before spending vast quantities of money for an outcome that a judge or jury will decide.

Mediation Panel Affiliation

Doug Simpson’s Experience

Doug Simpson has experience in the following areas of law.

Environmental law Toxic Tort and Mold Products liability Construction
Construction delay Indemnity Construction injury Personal Injury
Auto injury Wrongful death Business disputes Unfair competition
Trademark Trade secrets Copyright Licensing
Franchising Insurance coverage Bad faith Governmental entities
Landlord tenant Medical malpractice Collective bargaining Regulatory affairs
Real Estate Contracts Leases Foreclosures

Representative Issues Handled as a Mediator

CONSTRUCTION & CONSTRUCTION DEFECT: Structural, mechanical, framing, roofing, decks, water intrusion, mold, delay and damages, failure to follow design specifications, single-family and condominiums.

PERSONAL INJURY: Burns, auto, slip and fall, auto-versus-bicycle, toxic-tort, construction-site-injury, and mold.

ENVIRONMENTAL: Soil, groundwater, and air contamination, CERCLA, RCRA, HSAA, nuisance, and multiple other federal and state legal theories, regulatory and administrative issues.

BUSINESS: Landlord-tenant, contracts, leases, purchase-and-sale, shareholder disputes, partnership, medical partnership, medical-care hospital disputes, franchise agreements, copyrights, trademarks, unfair competition, and licensing.

INSURANCE:  Insurance coverage, bad faith, personal lines, excess and umbrella, fire, D & O, E & O, CGL.

Recommended Submittals

Briefs are recommended for all mediations, but they need not be formal. The briefs should discuss key factual and legal issues  bearing on liability, causation, damages, and apportionment of damages. Parties are encouraged to exchange briefs.