Mediation Services
A faster path
to resolution
for both sides.
Mediation resolves disputes in days or weeks that litigation takes years to decide, privately, confidentially, and on terms the parties control. We prepare clients thoroughly and advocate effectively throughout the process.
Step by Step
How Mediation Works
The mediator facilitates: they guide the conversation, reality-test positions, and help parties find common ground. They do not make decisions, issue rulings, or impose outcomes. That distinction is what makes mediation fundamentally different from arbitration and litigation.
Pre-Mediation Preparation
Effective mediation begins weeks before the session. We conduct a thorough case assessment, identify your strongest legal arguments, quantify damages with supporting documentation, and analyze the other party's likely positions and pressures.
We prepare a comprehensive mediation brief: a written submission to the mediator that presents your factual narrative, legal claims, damages analysis, and settlement objectives. This document frames the mediator's understanding of the dispute before the session begins.
Opening Statements
Each party presents their view of the dispute directly to the mediator and, typically, to each other. Opening statements are not arguments to a judge; they are an opportunity to humanize your client, establish credibility, and signal what resolution looks like.
We calibrate opening statements carefully: too aggressive and you harden positions; too conciliatory and you signal desperation. The goal is to frame the dispute in terms that move the other side toward resolution.
Joint Session
The initial joint session allows parties to speak to each other, often for the first time in a structured setting. Skilled mediators use this session to surface the underlying interests driving the dispute, which are often different from the stated legal positions.
Many business disputes have a non-economic dimension: a sense of being wronged, a damaged relationship, a need for acknowledgment. The joint session creates space for those interests to surface in ways that pure litigation never does.
Private Caucuses
The mediator meets privately with each party in separate rooms. These caucuses are where most of the real negotiation happens. Parties speak more candidly without the other side present, and the mediator can reality-test each side's positions.
In caucus, we help you evaluate the mediator's feedback, adjust your position strategically, and assess what the other side's moves reveal about their settlement range. Communications in caucus are confidential: the mediator cannot share them without permission.
Negotiation
The mediator shuttles between rooms, or brings parties together, to exchange proposals and work toward convergence. This phase requires disciplined strategy: when to move, how much to move, and how to signal flexibility without undermining your position.
We advise on anchoring strategy, concession sequencing, and how to structure non-monetary terms that may be more achievable than the full cash demand. Often, creative deal structures resolve disputes that pure money negotiation cannot.
Settlement Agreement
When parties reach agreement, the mediator or attorneys reduce the terms to writing before anyone leaves the room. An oral agreement at mediation is fragile; it must be documented while all parties are present and willing to sign.
We draft settlement agreements with precision: release language (what claims are released and which are preserved), payment terms and mechanics, confidentiality provisions, remedies for breach, and any non-monetary obligations. A poorly drafted settlement agreement creates the next dispute.
Side by Side
Mediation vs. Litigation vs. Arbitration
Each dispute resolution mechanism has appropriate uses. Understanding the tradeoffs is essential to choosing the right path for your specific situation.
| Factor | Mediation | Litigation | Arbitration |
|---|---|---|---|
| Timeline | 1 day to several weeks | 18-36 months (federal); often longer in complex cases | 6-18 months |
| Cost | $3,000-$20,000 (mediator fees + attorney prep) | $150,000-$500,000+ per side through trial | $30,000-$150,000+ (arbitrator fees + attorney time) |
| Privacy | Fully confidential: proceedings and terms are private | Public record: filings, testimony, and judgments are accessible | Private proceedings; award may be filed in court to enforce |
| Outcome Control | Full: parties decide; nothing is imposed | None: judge or jury decides | None: arbitrator decides; binding award |
| Formality | Informal: no rules of evidence, no formal procedure | Highly formal: Federal Rules of Civil Procedure and Evidence apply | Moderately formal: rules vary by institution (AAA, JAMS, etc.) |
| Appealability | N/A: settlement agreement is a contract, enforceable in court | Full appellate review available | Extremely limited grounds for appeal of arbitration award |
| Relationship Preservation | High: collaborative process, parties control outcome | Low: adversarial process, public, often permanently destructive | Moderate: private but still adversarial |
Best Fit Scenarios
When to Choose Mediation
Mediation is not universally appropriate; it requires good faith engagement from both sides and a dispute structure that allows for negotiated resolution. But for the following dispute types, it is almost always the right first step.
Contract Disputes
Most commercial contract disputes turn on facts and damages, not pure legal questions. Mediation allows parties to explore business solutions (restructured payment terms, modified obligations, mutual releases) that a court cannot order.
Business Partnership Disputes
Partnership disputes are often as much about relationship breakdown as legal rights. Mediation creates space for the parties to address underlying grievances and negotiate a separation or continuing arrangement that both sides can live with.
Commercial Real Estate Disputes
Lease disputes, landlord/tenant conflicts, construction defect claims, and purchase agreement disputes benefit from mediation because the parties often need to continue their relationship or preserve the asset while the dispute is resolved.
Employment Disputes
Employment claims (wrongful termination, discrimination, harassment) carry significant reputational risk for both sides. Mediation resolves these disputes confidentially, often with a confidentiality agreement as part of the settlement terms.
Intellectual Property Disputes
IP litigation is extraordinarily expensive and technically complex. Mediation can resolve infringement claims, licensing disputes, and ownership conflicts quickly, often with licensing arrangements that turn adversaries into business partners.
Post-M&A Disputes
Earnout disputes, indemnification claims, and representations and warranties disagreements following an acquisition are well-suited to mediation. Both sides have already demonstrated a willingness to transact, and the economic interests in resolution are usually aligned.
Common Questions
FAQ
Is mediation binding?
The mediation process itself is not binding; you cannot be forced to accept a settlement. However, if you reach agreement and sign a settlement agreement, that agreement is a binding contract enforceable in court. The distinction matters: mediation preserves your ability to walk away until the moment you sign, which gives both parties more flexibility than arbitration or litigation.
What is the difference between mediation and arbitration?
Mediation is a facilitated negotiation: the mediator helps the parties reach their own agreement but has no power to impose a decision. Arbitration is essentially private litigation: the arbitrator hears evidence and arguments and issues a binding award, much like a judge. Mediation preserves party control over the outcome; arbitration transfers that control to the arbitrator. Most disputes are better suited for mediation if the parties are willing to engage honestly.
How long does mediation take?
A single mediation session typically runs 4-8 hours, though complex commercial disputes sometimes require multi-day sessions. The total elapsed time from engagement to mediation (including preparation, scheduling, and the session itself) is typically 3-8 weeks. This is dramatically faster than litigation, where the same dispute might take 2-3 years to reach trial.
What if we do not reach agreement at mediation?
Mediation that does not produce a settlement is not a failure; it is information. The mediation process reveals the other side's real positions, their risk tolerance, and where the negotiation range lies. Many disputes that do not settle at mediation settle shortly after, because both sides leave with a clearer picture of what the other side will and will not accept. If mediation genuinely fails, litigation or arbitration remains available.
Does mediation stay private?
Yes. Mediation proceedings are confidential by law in most jurisdictions, including Nevada. Statements made during mediation, offers made, and the fact that mediation occurred cannot be introduced in court as evidence. The settlement agreement itself is confidential if the parties include a confidentiality provision, which we routinely recommend. This confidentiality is one of the most important advantages of mediation over litigation.
Work With Us
Mediation can resolve in days what litigation takes years to decide.
Initial consultations are straightforward — no pressure, no jargon. Just an honest conversation about your business and what you need.
Attorney Advertising. The information on this page is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed until a written engagement agreement is signed. See full Disclaimer.