ADR/Mediation and Arbitration:
- As a certified mediator, & advocate, on most issues above.
Attorney Fee Arbitration: As an Attorney Fee Arbitration panel Chair, in a $$$ attorney fee dispute, I guided the 3 arbitrator panel to a Phase 1 decision on Liability for Fees, that provided the client and attorney disputants with enough direction so they were able to SETTLE the very complicated Phase 2 re. Amount Due, by themselves. This saved the Client, the Attorney, and their attorneys substantial time, money {and Uncertainty} that would be spent in a laborious Phase 2 hearing.
Domain Name and business segmentation: Mediated shareholder dispute by allocating new business product to spin-off, & ensuring success by creating a strategic alliance with non-compete agreement.
Founders' Dispute: Resolved founders' dispute re. profit diversion in bio-nanotechnology business making more cash available for operations.
Fine wine grape contract modification: Finding a specialist Viticulture mediator, and mediating an oppressive 10 year contract with a low price/ton, problematic Price and Dispute Resolution provisions, into a 2 year contract with good prices, with grower keeping more tonnage for itself to sell on the spot market; and adding an efficient Dispute Resolution clause
Making Mediation Work
Mediation is totally consensual including Discovery, & works ONLY if the contestants are MOTIVATED to resolve their differences--and understand what motivates the other side's position/s and values.
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If unmotivated, it wastes more time & money
Causing Motivation
A skilled mediator can often increase contestants' and counsels' motivation, "getting the horse to drink after being led to water."
Otherwise, traditional lawyer pressuring modes of Litigation, including Depositions, Admission & Document Requests, Interrogatories--and Dismissal Motions--are used to wear contestants out, and increase mediation & settlement Motivation.
Effective Mediation Clause Language: Includes deadlines to achieve success & avoid wasting resources.
Mediator's Style: Of the basic Active or Passive modes, Gray is mostly eclectically active -- AFTER much listening to perceive the Contestants' and dispute's forces and facts. Gray maximizes clarifying/simplicity, and minimizes needless legal speak and jargon--while Contestants & Counsel communicate the way they want to.
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