Mediation

Why mediate?

Mediation offers the opportunity
to resolve differences among parties, in a manner that the parties
themselves decide, in a cost-efficient manner, in contrast to placing
their fate in the hands of a third party–judge or jury–to decide their
fate.  In contrast to a court trial where one party might win and
another might lose, subject of course to rights of appeal and the
expenditure of even more money, mediation offers the best chance of a
win-win outcome.

Mediation Philosophy

Sometimes in litigation we get so embroiled in advocating positions that we lose objectivity. The litigation process itself tends to polarize the parties, whose differences might be less than the process suggests. Mediation allows clients and lawyers alike to get a fuller appreciation of case strengths and weaknesses early in the life of a case, so that they can resolve the matter on agreeable terms, at minimum cost, before spending vast quantities of money only to put the fate of the case into the hands of a third -party decision maker. Trial of course is often not the end of the matter; cases can go on for years thereafter, only to be retried, beginning the process anew. By contrast, mediation can achieve negotiated and acceptable finality.
Thus the parties’ litigation positions often conflict, but their underlying interests frequently are not so disparate. Facilitating a full understanding of one another’s strengths and weaknesses often leads to a mutually beneficial agreement, or at least to a process by which the parties can ultimately narrow litigation and ultimately achieve resolution acceptable to the parties.
Mr. Simpson has the experience to adopt an evaluative approach if and when asked. Sometimes an unbiased discussion of liability, causation, and damages issues frequently is the perspective the parties need to reach agreement.

Doug Simpson’s Experience

Doug Simpson has experience in the following areas of law.

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: Auto, slip and fall, auto versus bicycle, toxic tort and mold.

ENVIRONMENTAL: Soil, groundwater, and air contamination, federal and state legal theories, regulatory and administrative issues.

BUSINESS: Landlord-tenant, partnership, medical partnership and medical-care hospital, franchise agreements, copyrights, trademarks, unfair competition, and licensing.

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.