Mediator Kathy Palter devotes her practice to helping parties find innovative solutions through mediation.
I believe that, just as no two people are exactly alike, no two mediations are exactly alike. I treat each mediation with respect and sensitivity to the unique needs, stress points, legal theories and fact scenarios of each case. My mediation style is flexible, not one-size-fits-all.
What to Expect from Mediation:
Mediation is a structured, focused negotiation with the goal of resolving a dispute on terms that the parties themselves agree upon, assisted by a third-party mediator.
Neutrality: The mediator is a neutral party who seeks to determine the interests of the parties, discover which of those interests may be shared, and alert them to a resolution that may further those interests. In mediating your case, Kathy will not be acting as your attorney or giving legal advice.
Confidentiality: Communications during mediation are kept confidential and are, to the extent provided by law, inadmissible as settlement negotiations.
Collaboration: The mediator has no authority to impose an outcome on the parties and controls only the process of the mediation itself, not the result. The parties should expect to work diligently, collaboratively and in good faith toward areas of common ground.
Self-Determination: Ultimately, the parties decide whether or not to resolve their dispute. If agreement is reached, it will be documented in a Mediated Settlement Agreement (MSA).
Note: The parties are encouraged to obtain legal counsel and to have any mediated agreement reviewed by legal counsel prior to signing. Whether legal advice is sought is ultimately the decision of each mediation participant. The mediator’s role is as a neutral intermediary. The mediator is not acting and cannot act as an attorney or advocate for either or any parties involved in the dispute, nor will she or can she give legal advice. Both during the mediation process and upon completion of the mediation, the parties are strongly advised to obtain legal advice and review of any mediated settlement agreement before signing it. The parties understand that they are under no obligation to enter into and/or sign a mediated settlement agreement, and that they may take any extra time desired for additional consultation with independent legal counsel regarding the legality and effect of any such agreement.