As mediator, Frank facilitates a voluntary, non-binding process to guide the parties toward a mutually beneficial resolution of their dispute. Highly engaged but neutral, Frank helps put the parties in a better position to make critical decisions about their case.*
Before convening the parties, Frank thoroughly reviews their written submissions and gains a strong understanding of the factual background, the legal issues, and the context for the mediation. In addition, Frank typically conducts a separate pre-mediation call with each side, in order to learn more about the dynamics of the dispute and any obstacles to resolution. Through careful preparation and deliberation, Frank tailors his mediation approach to suit the unique characteristics of each conflict, thus maximizing the chances for success.
At the mediation, Frank meets with the parties in joint and private sessions, listens to each side’s views, identifies interests, addresses underlying concerns, and explores options. Frank helps the parties evaluate their strengths, weaknesses, risks, opportunities, and potential outcomes. Frank’s experience, as a mediator and over twenty years as an employment attorney and business litigator, affords the parties with valuable insights during the assessment of their case.
When the parties achieve a resolution, Frank assists them in structuring the settlement terms, so that a durable agreement may be secured. If the parties decide not to resolve their conflict at the mediation session, Frank remains engaged, serving as an ongoing resource to facilitate a potential resolution at a later stage.
Frank is an experienced investigator of workplace complaints and internal conflicts. When employees raise sensitive issues—such as harassment, discrimination or retaliation—it is imperative that employers promptly investigate and take appropriate responsive action. To be most effective, an investigation should be conducted by someone trained in employment law, experienced in conducting such investigations, perceived as fair and neutral, skilled at developing an appropriate report, and equipped to make recommendations (if appropriate). Often it is beneficial (or necessary) for the investigator to be someone other than management, human resources, or outside counsel for the organization. Frank serves as this vital resource.
ADR Program Design and Implementation
Frank assists organizations in designing and implementing alternative dispute resolution programs. These may include informal grievance, formal investigation, mediation and/or arbitration components. Internal ADR programs can help organizations effectively identify — and efficiently resolve — sensitive issues, problem areas and complaints.
Mediation Advocacy Training
Frank also provides training and insights to attorneys who serve as advocates in mediation. Fewer cases are reaching trials and instead many are getting resolved at mediations. Therefore, it is becoming increasingly imperative for lawyers to appreciate the subtle but important differences between trial advocacy and mediation advocacy. The art of negotiation is just as important as the skill of litigation. Frank helps attorneys maximize results for their clients in this alternative and distinct venue.
*When serving as a mediator, Frank is not acting as an attorney for either party