Business Dispute Mediation & Conflict Resolution
Many mediators think their job is to collude with the lawyers against the clients and persuade them to compromise. We don’t see it that way. At Simon Mediation, we see your lawsuit as an opportunity for you to pursue something that matters to you. We help you clarify exactly what you want, and help you make the best possible decisions in order to help you facilitate and achieve your desired outcome. We work for you, not against you.
Handle your business dispute with integrity.
Regardless of the topic of the business dispute that’s between you and another business, or between you and your business partners, we can help you have a good conversation that makes it much less likely that you’ll need to involve lawyers. Or, if the dispute has already escalated to a lawsuit, we can help you figure out how to settle it.
Commercial & Business Mediation
Commercial mediation, as practiced by mainstream litigation-oriented mediators, can feel like either a silly game or an all-out war. Only lawyers find spending the day in separate rooms, being manipulated by a retired judge, to be in any way meaningful or rewarding. Transformative Mediation, on the other hand, provides procedural justice. Simon Mediation supports clients in addressing their dispute in the most meaningful way possible.
Clients (with the assistance of their lawyers, if desired) get to talk about the situation on their own terms. They’re not pressured to compromise. Instead, they’re invited to say whatever they want to communicate to the other party, and ask whatever questions they need answered in order to move forward. Especially in cases that concern financial matters, Simon Mediation helps clients make the best possible decisions about how to negotiate a fraught situation successfully. Most often, within a few hours, clients arrive at a settlement they are truly satisfied with.
Transformative Mediation provides the greatest likelihood that partnership disputes, or conflicts within closely-held corporations, can be resolved efficiently and to the satisfaction of all concerned. If Simon Mediation is employed early, we can eliminate the need for legal fees. If we’re brought in later, we can put an end to the attorney fees and can quickly and efficiently reach a mutually satisfactory resolution—real results that all parties can live with. When the parties want to, Simon Mediation can also salvage partnership relationships that are on the brink of collapse.
Employment Disputes & Litigation
When a former or current employee feels they’ve been wrongfully terminated, sexually harassed, or mistreated in any way, legalistic mediation is notoriously dissatisfying for them and extremely ineffective at settling the case. Transformative Mediation, however, allows for the real conversation to occur. Misunderstandings are cleared up, demonization is diminished, and settlements are reached that satisfy both the employee and the employer. Many employers choose to offer Transformative Mediation to employees at the first sign of litigation—the employer avoids paying fees to outside counsel, and the employee appreciates the good faith and rapid responsiveness demonstrated by the employer. Plaintiffs’ attorneys appreciate how quickly the case can be resolved, often without the costs and delays of formal discovery.
In addition to corporate workplaces, Simon Mediation has resolved disputes at the US Postal Service, the Transportation Security Administration, the US Department of Veterans’ Affairs, as well as many other federal, state, and local agencies. The most successful workplace mediation program of all, the US Postal Service REDRESS Program, uses the transformative approach. The postal service has even hired Dan Simon to teach the approach to its mediators.