Mission Statement

Discourage litigation. Persuade your neighbors to compromise whenever you can. As a peacemaker the lawyer has a superior opportunity of being a good man. There will still be business enough.
Abraham Lincoln, 16th U.S. President, notes for a law lecture, July 1, 1850

 

The courts of this country should not be the places where resolution of disputes begins. They should be the places where the disputes end after alternative methods of resolving disputes have been considered and tried.
Sandra Day O'Connor, first female U.S. Supreme Court Justice

 

Even prior to becoming an attorney, I had a problem with the high costs of legal representation. Sometimes litigation is necessary, but despite all the rhetoric about reducing the costs to make legal representation affordable, it still remains beyond the reach of the average person, unless of course you are willing to go into debt. Alternative dispute resolution methods -- including mediation -- are talked about, suggested and even ordered by courts, but the process can be just as expensive -- especially if each side has an attorney.
 
Mediation may seem just as confusing as the whole legal system, but the reality is, it really is much simpler. In fact, if you are reading this, you have the ability to understand all you need to know. Read through my website, including the mediation agreement, and, if you still have questions about the mediation process, do an internet search and I guarantee you will find the answers to just about any question you may have.

Why am I making mediation so affordable? There are many reasons. First and foremost is that I do not like to see people paying huge legal fees when their hard-earned dollars could be used for other things like supporting their children, paying other bills, pursing their education, or simply doing something to improve the quality of their life -- like taking a vacation or enjoying a hobby or recreation.

Second, there are numerous benefits in mediating as opposed to navigating through the legal system. The mediation process is quicker and less time consuming. It allows you to put the problems behind you much sooner and move on to other important matters in your life. It encourages both parties to openly negotiate toward an acceptable resolution rather than having a judge or jury decide. You are not constrained by a long list of rules and specific laws that govern whether you can address something that is important to you and whether it can be properly admitted into evidence pursuant to even more rules. In mediation, you assist in making the rules. You will never hear, “Objection,” and then have to wait until someone else decides whether you can answer or not. If something is important to you, you get to address it openly with the other party – although there could be times you may want to discuss it with the mediator first, during a private conference, to consider how and when the subject should be addressed. Nonetheless, you will always have the opportunity to say what you want to say. You make that decision and what is said during mediation remains strictly confidential subject to very limited exceptions. As an attorney/mediator, I am bound by specific rules to maintain that confidentiality, including not being able to tell anyone the mere fact that you are mediating unless you grant that permission or it is necessary to inform a court. Conversely, most court proceedings are open to the public and all that is said and done becomes a matter of public record even if it fails to speak the truth.

You can be creative in mediating an agreement, subject to a few exceptions, and even if you do not reach an agreement on all the issues, you can still reach an agreement on some or most. In the worst case scenario, you can always litigate the remaining issues. Either way, you still save money during the process and the agreement you reach by mediating could end up being better than the one you might receive from proceeding through the courts. Not only is proceeding through the legal system expensive, doing battle in the courts can make a conflict even worse. Mediation focuses on mitigating and alleviating the damage in many ways.

I decided to make mediation affordable for almost everyone. Rather than losing a day’s wages by having to take off work to mediate, you can schedule mediation for days, nights, and even weekends. The money you do not lose from missing work will probably cover your share of the costs of mediation. Resolving a case with the least amount of damage, both emotionally and financially, is always a better solution.

I know firsthand what it is like to struggle and I know the frustrations associated with the legal system from both sides of the fence. I was raised in a blue-collar family and years later I earned my education while working full-time. It is because of my personal and professional experiences that I decided to form Simply Positive Mediation, PLLC to offer affordable mediation. I may not have walked along your path, but I have walked along similar, and sometimes more treacherous paths and I look forward to the opportunity to help you mediate what I call those “Little Bumps in the Road!” Stay positive and the solutions are always within reach!