Mediation

What is mediation?
Mediation is a confidential process in which a neutral mediator assists parties in voluntarily resolving a conflict that will otherwise proceed to trial. At trial, the result is generally all or nothing: one party wins, the other loses, and until the court’s decision is final, it is impossible to know who will end up in which position. The cost of proceeding to trial can be exorbitant, often leaving even the prevailing party unsatisfied with the result. Mediation, in contrast, provides a venue for the parties to determine the outcome of their dispute for themselves.

Why mediate?
Mediation allows the parties an offramp from the escalating costs, risks and delays inherent in litigation. A mediated settlement not only results in significant cost savings, but can also provide the parties with a restored sense of agency, and a known outcome. Because communications in mediation are confidential, the parties can freely participate in the process without risking their positions at trial in the event they are unable to settle their dispute.

My approach
My approach to mediation is both compassionate and practical, informed by my 26 years of practice as an attorney – first in civil litigation and appeals, and since 2008, in estate planning, estate and trust administration, and various probate court matters. I strive to provide a calm environment in which each party feels safe to discuss his or her needs, goals and fears relating to the dispute, and to explore creative resolutions. Rather than using high pressure tactics to force a settlement, I lead with respect, curiosity, and an intent to leave the participants in a better position after mediation than before. I offer full day, half day, and hourly rates. Call (503) 210-9934 or email scheduling@katharinemalone.com for details and available dates.