Mediation

Mediation

Ben is a trained Mediator, and serves as a Judge Pro-tem and Settlement Conference Officer in San Francisco Superior Court. He has served as a Neutral/Mediator in over 50 matters, ranging from landlord-tenant disputes to high value personal injury claims and family law settlements.

Ben has successfully completed over sixty-hours of mediation and alternative dispute resolution skills training and workshops including: Steven Rosenberg’s Professional Mediation Training, and multiple trainings offered by the San Francisco Superior Court, and the San Francisco Bar Association.

Mediation Basics

Mediation is a flexible process tailored to participants’ needs and desires, and a cooperative process where a neutral professional mediator helps parties negotiate a resolution to their dispute. The mediator remains neutral, while helping the parties understand the positions and underlying interests of adverse parties. The mediator also helps all sides clarify their positions, and identify possible solutions. The mediator typically does not give an opinion regarding what is equitable or right, but helps keep the discussion focused on a resolution of the dispute. The power to resolve a dispute rests entirely with the parties rather than with the mediator or any other person. Most disputes are amenable to mediation, whether a lawsuit has been filed or not.

The advantages of mediation are many. Mediation permits quick resolution of disputes and closure of issues; minimizes litigation expenses, disruption and distraction; allows parties to be fully heard in a supportive environment; allows parties to create their own solution, as opposed to one dictated by judge, jury, or arbitrator; provides maximum flexibility and creativity; and, minimizes damage to ongoing relationships and often improves them.

Ben’s approach to mediation is more facilitative than evaluative. His focus is on helping parties understand the power they hold to resolve their dispute and to feel heard and understood, with a goal of reaching a mutually satisfactory resolution of the issues with a minimum of discord. Ben prepares for all of the factual and legal issues, and approaches mediation with an optimistic and positive attitude, excellent listening skills, attentiveness, curiosity, kindness and empathy.