Background

My background is unique and allows me to assist counsel and their clients to resolve disputes effectively. For nearly 20 years as a Colorado attorney, I’ve litigated every side of a commercial dispute. I’ve served as insurance defense and outside counsel for individuals, business owners, developers, contractors and design professionals and coverage counsel for insurance carriers. For the last four years, I’ve exclusively represented homeowners and community associations.

I’ve participated in (as counsel and as mediator) hundreds of mediations and have been in every room and had every discussion with every side of a dispute. I know the positions the parties will take and the potential benefits of resolution and the risks if a resolution cannot be reached. I understand coverage issues well and have experience litigating and resolving disputes where coverage isn’t available, i.e. pure contract disputes, fraud, etc.

I’ve never considered myself a defense or a plaintiff’s attorney, but instead have represented my client’s interests, whatever they are. This background enables me to understand the relevant issues and assist the parties in resolving complex disputes that other neutrals may not be able to approach with the same experience or even-handed perspective.

Process

Once mediation has been scheduled, we will promptly send the parties a booking confirmation that outlines our process and establishes the deadline for pre-mediation materials to be submitted (7 days from the scheduled mediation date).   

Once your settlement statements have been submitted, I will thoroughly review your materials and come to mediation prepared to use our time together efficiently. I know how frustrating it can be when it becomes clear during mediation that the neutral didn’t adequately review (or review at all) settlement materials that were painstakingly prepared for their consideration.

Once I’ve reviewed the settlement materials submitted, I will contact counsel for each of the parties to briefly discuss the information provided, disputed factual/legal issues, impediments to settlement and any applicable coverage issues. My goal in spending this time to get to know your case, is to learn how I can most effectively serve you and your clients throughout the mediation process.

In most cases for mediation to be effective, information should be exchanged in justification of the settlement offers conveyed. I understand how unproductive it can be when mediation devolves into an aimless game of passing numbers back and forth between the parties. Unless asked to do so, I will not simply convey offers but will actively engage all sides throughout the duration of our session together so that the parties can understand each other’s arguments and realistically evaluate their strengths and weaknesses.