Mediation
Jim Fitzgerald has vast experience in
many substantive areas of the law over
his forty years of litigation and trial
experience.
Jim brings the background and expertise to understand the subject matter of your business or other dispute. Jim has participated in over 400 mediations and has thus experienced a variety of mediation styles and seen what is most successful to achieve resolution. Jim has also been trained by a number of mediation organizations and learned to employ a variety of different mediation methods and techniques. But, more importantly, what Jim brings to a mediation is a calming presence, a penchant for careful listening, and respect for the process and all of the parties and counsel involved. Jim looks at problems from all angles and from the different parties’ perspectives; he then uses his out-of-the-box thinking to guide the parties to creatively fashion resolution.
Mediation
Mediation is an interactive process designed to bring two or more parties together to hopefully bring clarity and definition to their dispute or conflict. It should not be used as an opportunity for one side to cudgel the other with the help of a mediator. Rather, it is an opportunity for each party, and counsel, to listen and learn from each other in a confidential, private setting. The mediator is the guide in this process - to help the parties, and their counsel, forge a means to better communicate and resolve their conflict or dispute. The mediator should help the parties better understand both (or multiple) sides of their dispute and explore the options for resolution of their conflict, and then assist them in deciding the best option for action so they can all move forward in their business and progress beyond the dispute.
What to expect:
Jim asks each side to submit a concise brief describing the factual background of the dispute, the issues in dispute and any other information they believe would be helpful in understanding the issues. Jim will then have a telephonic pre-mediation conference with each side’s counsel at least one week prior to the scheduled mediation date to agree on the participants, format and focus of the mediation. At the mediation Jim listens, and then listens more, to let the participants and counsel be heard, and then facilitates them listening to each other to understand each other’s issues. Jim will focus the parties and counsel on the important issues that need to be addressed before the best resolution can be achieved. He is persistent, but patient, in his efforts to get the parties and their counsel on the same page to forge a resolution. Jim’s calm demeanor is key to helping counsel and their parties to achieve success in mediation - together.
Fitzgerald Legal Consult, P.C. charges flat fees for either full or half-day mediations, which includes a review of the parties’ briefs and pre-mediation discussion with counsel and post-mediation discussions if warranted.