Mediation Services

Why Mediate a Dispute?

Mediation is an alternative to litigating a dispute, and it has benefits that are lost when a dispute enters the legal system.

Mediations reduce: time, cost, emotional disruption, relationship damage, limit public knowledge of personal issues, and preserve confidentiality, and a degree of control for both parties.

Time:  Attorneys are aware that nearly all court cases eventually settle before Judges impose a decision, but the legal process drags on without satisfaction to either party. Mediations rarely last more than a day.

Cost: I have been told that many attorneys who profit from protracted litigation are uncomfortable billing their clients the substantial amounts involved (their fees, expert fees, record photocopying, dispositions, interviews, and hearings). Mediation is inexpensive.

Disruption: The parties involved in litigation must take time off from work or personal activities to participate in unending meetings and proceedings. Gatherings of family, friends, and co-workers are unsettling and disruptive while disputes remain unresolved. Mediation is quick.

Confidentiality:  Disputes litigated in court are open to the public, often find a second venue - the discussions of friends, adversaries and sometimes in the press. The internet expands the number of people privy to past legal system disputes. Mediation is private.

Relationship Loss:  No one likes people that sue and once litigation starts attorneys strive to gather information that reflects poorly on the other side. Mediation focuses on issues not reputations and the collaborative nature of the mediation process improves communication.

Lack of Control: Judges applying set rules, and juries applying their own perspectives to those facts permitted into evidence, and determine the outcome of cases. Sometimes factors the parties involved value most are not considered and conversely a dispute might be decided on factors of no importance to either side. Mediators do not decide the outcome, participants agree on outcome.

Resolution: Sometimes the resolution sought; an apology, a letter of reference, a job, etc., might not be available in court. Participants not mediators agree on the resolution.

The Mediator's Role

The role of the mediator is to reduce obstacles to communication, assist in identifying issues, exploring alternatives, and facilitating voluntary agreements resolving the dispute. The ultimate decision making authority rests solely with the participants. A mediator will not determine who is "right" or "wrong."

The mediator's job is to assist you in reaching your own resolution. The mediator cannot negotiate on behalf of any participant, give professional advice or represent any of the mediation participants. Everyone is free to, and encouraged to, consult with an attorney of his or her choice during mediation.

Mediation decisions are made by the participants.

The mediator is responsible for assisting you in reaching informed and voluntary decisions while protecting your right of self-determination.

The mediator may not coerce or improperly influence any participant to make a decision or unwillingly participate in mediation. The mediator may not intentionally or knowingly misrepresent any material fact or circumstance during the mediation. If, for any reason, a party is unable to freely exercise self-determination, the mediator must cancel or postpone the mediation.

The mediator must promote awareness of the interests of persons affected by actual or potential agreements who are not represented at the mediation. For example, the interests of children, grandparents or other related persons may be affected by agreements reached in mediation. In raising awareness of the interests of others, however, the mediator should still respect your right to make your own decisions.

Why Mediate?

Mediation is an alternative to litigating a dispute, and it has benefits that are lost when a dispute enters the legal system.

Mediations reduce: time, cost, emotional disruption, relationship damage, limit public knowledge of personal issues, and preserve confidentiality, and a degree of control for both parties.

Confidentiality:  Disputes litigated in court are open to the public, often find a second venue - the discussions of friends, adversaries and sometimes in the press. The internet expands the number of people privy to past legal system disputes. Mediation is private.

Relationship Loss:  No one likes people that sue and once litigation starts attorneys strive to gather information that reflects poorly on the other side. Mediation focuses on issues not reputations and the collaborative nature of the mediation process improves communication.

Lack of Control: Judges applying set rules, and juries applying their own perspectives to those facts permitted into evidence, and determine the outcome of cases. Sometimes factors the parties involved value most are not considered and conversely a dispute might be decided on factors of no importance to either side. Mediators do not decide the outcome, participants agree on outcome.

Resolution: Sometimes the resolution sought; an apology, a letter of reference, a job, etc., might not be available in court. Participants not mediators agree on the resolution. 

Mediator's Qualifications

For the last 14 years I have been the Principal of a financial services practice that bears my name, Paul F. Nolan, CPA. My formal education includes a Bachelor’s Degree in Accounting, a Master’s Degree in Public Administration, university certificates in Financial Planning and Family Mediation, with 1,700 hours of continual professional education since college. I hold multiple professional licenses: Certified Public Accountant, Registered Investment Advisor, Stock Broker, Insurance Agent, Mortgage Broker, and Certified Mediator, as well as several Board designations: Certified Senior Advisor, Financial Planner (i.e. Personal Financial Specialist), and Certified Fraud Examiner. During my 29 years of Federal government service I was recognized by the judicial system as an “Expert Witness” in financial matters. I have provided testimony before two United States Senate Committees, frequent testimony before Courts in six Federal Districts, and in four State Court Systems. I am a retired FBI Special Agent, and a former American Diplomat (a Legal Attaché of the United States Department of Justice).

By virtue of my preparation and experiences, I am comfortable leading mediations with people who understand the necessity and benefit of compromise. A Paul Nolan led Mediation is scheduled as a result of his selection by an individual, a company or an appointment from a government agency.