What is Mediation?

At Resolution Matters, Inc., Mr. Shapiro serves as the principle neutral, who will work with you to facilitate a negotiated settlement. Mr. Shapiro facilitates the negotiations and evaluates the relative merits of the claims and defenses. He does not have power to impose a solution or decision -- the parties retain ultimate control over the outcome. The terms of the agreement are limited only by the interests and creativity of the parties and the neutral. Mr. Shapiro by agreement and cooperation with the parties, will set the ground rules and may profoundly affect the order of the proceedings, the parties’ collective and individual analyses and the general dynamic of the settlement discussion.

Facilitative Mediation

Facilitative Mediation is a process in which outcome control remains almost entirely in the hands of the parties and counsel. The mediator restores communication and helps to create options for resolution by:

  • ensuring that all relevant information is exchanged and heard by the parties, or confirms that there is a good reason why it isn’t being exchanged;
  • providing parties the ability to vent;
  • coaching negotiators on next moves;
  • helping parties invent settlement options;
  • transmitting offers and demands; and
  • working to overcome potential impasses.

Evaluative Mediation

Evaluative Mediation occurs when the mediator creates more structure and injects his or her own view or prediction of the trial outcome. It is often used for more difficult cases, where the gap between the parties is large, the issues somewhat complex and the stakes high. The mediator allows the parties to test the reality of their predicted outcomes by:

  • working to thoroughly understand the parties’ factual and legal arguments;
  • providing feedback on the relative merits of claims and defenses;
  • offering his or her prediction of the outcome in court; and
  • in some circumstances, recommending settlement ranges.

Mr. Shapiro works closely with the parties to carefully balance the facilitative and evaluative processes to meet the needs of the particular case in question.