FAQ's About the Day We Get Together

These are questions that almost everyone has asked us. If you don't find the answers you're looking for - and it's okay with your lawyer - feel free to call us with other questions:

What types of cases does Karl mediate?

• business disputes
• construction disputes
• intellectual property disputes
• commercial real estate disputes
• complex divorces
• high tech disputes
• environmental and land-use disputes

Actually, it's easier to say what kinds of disputes Karl doesn't do than to list all the kinds of disputes he's worked with.

Being involved with thousands of cases over 30 years, Karl has worked on essentially every kind of lawsuit known to mankind. At this point, he's interested in helping with almost any kind of dispute - as long as everyone's willing to work hard to bring about a wise and efficient resolution.

Please be sure to check Karl's Comprehensive CV for any potential conflicts of interest with your case.

Will I have to talk?

Not unless it's okay with your lawyer and you feel comfortable doing so.

Will I have to be in the same room with the other side?

The answer is yes and no.

Emotions may be running high and you may feel angry or awkward during a mediation. We want you to feel safe. And yet the reality, if you don't settle the case, is that you will spending every day for a week or more in a courtroom with the lawyers, the other parties, someone in a black robe, and twelve people you don't know. So, how you handle this question is something you and your attorney will have to consider carefully.

What if the opposing lawyer tries to trick me up?

It would be extremely unusual for the opposing lawyer to ask you a question at a mediation. You're not going to get asked questions by the opposing counsel unless your own attorney invites it and Karl facilitates it. It would be a rare experience.

What if I say something that hurts my case?

As long as it's okay with your lawyer, Karl encourages clients to participate fully. You talking, authentically and from the heart, can be the very thing that will help the other party get a bigger view of the dispute.

By law, whatever you say at the mediation is legally privileged. In other words, what you say can't be used against you in your lawsuit or anywhere else.

In addition, besides being protected by legal privilege, by law, mediation is also confidential. In other words, what's said at the mediation can't even be discussed with anyone who didn't attend the mediation.

We're not Polyannas. We realize that sometimes there are bosses, boards of directors, and spouses who need to be aware of what happened in a mediation, but all parties are obliged to respect the spirit of confidentiality at the heart of mediation.

We are so adamant about safety for all parties that if the case doesn't settle on the day we get together, we destroy everyone's notes, including our own.

What can I expect from Karl's role as our mediator?

Karl wears many hats in a mediation process, but he doesn't wear a judge's robe. You don't need to convince him of the rightness of your position. A big part of Karl's job is to help you exchange information with other parties. Whether he agrees with that information doesn't matter a hoot. Karl will simply try to help identify all the parties' interests and make sure they all understand each others' concerns.

Despite what lots of academics and other mediators might say, mediators don't settle cases. Our experience is that lawyers and their clients work extremely hard to get their cases settled. Our job, as your mediator, is to help you with the hard work that you, your lawyer, and the other parties have to do to come to a settlement that works for everyone.

We expect that you and your lawyer will try to get your interests met well, but if the case is going to settle, bear in mind that the other parties' interests must also be met acceptably. Expect us to remind you of this reality frequently.

What if we don't settle?

Lots of good things can happen at a mediation, even if the dispute doesn't settle. Seeds get planted. After the mediation, you can often sprinkle a little water on them, and get a little sunshine on them, and get the case settled. Karl isn't going to abandon you if your dispute doesn't settle. If the lawyers ask him to keep working on a dispute that hasn't settled, he works hard to help the parties reach a settlement later.