As a lawyer, mediator and trainer, Beth is dedicated to helping people find solutions to their problems - legal and otherwise - by applying creativity, persistence and candor. Some of the services Beth provides in this regard include:
1. Mediation
What exactly is Mediation? First and
foremost, mediation is a process. Beth has found that when the parties involved truly understand how
the process works, mediation is almost always a success, and most typically, on the first try.
What does that process entail? In a nutshell, mediation involves people in conflict coming together to take a fresh look at their situation, working to find a resolution that everyone can live with. The mediator serves as a neutral, and does not have the authority to force anyone to accept a settlement that is contrary to the parties’ wishes.
What’s a reasonable goal? In this regard, while some mediators talk about striving for a “win-win” resolution, Beth’s belief is that a more realistic goal is to seek a solution that all parties can
live with. While this may not sound so great coming in, the cold reality is that most cases are resolved when everyone leaves the table feeling “they could’ve done better, but they could’ve done worse”. When one or both parties have unrealistic expectations of what a judge or jury may do with their case, mediation can bog down and falter. It’s Beth’s job to keep everyone open and looking at all the possibilities.
So how does Beth work? In most
cases, Beth will meet all the parties privately,
before starting the joint opening session. Following a few brief comments,
she will quickly turn the floor over to the attorneys to share their client’s perspectives. While she defers to the attorneys’ judgment regarding how best to approach the opening session, she
found it's not typically helpful to start the day with fireworks in the form of caustic or overly aggressive remarks; neither has she found that excessive time spent “venting” is
particularly helpful.
Once in private caucus, Beth takes an assertive role in probing the parties and their counsel to consider those aspects of their case that may prove problematic to a judge or jury. In this respect. she may raise issues and ask questions that at times seem negative or argumentative. The parties are encouraged to keep in mind that Beth's energies are directed to helping all involved look closely at their case in hopes that ultimately a resolution may be reached.
While the majority of time in mediation is spent in private caucus, Beth believes that there is no one set formula for achieving resolution. Accordingly, she may
at times ask to talk privately with the parties alone, or conversely, she may ask to speak to the attorneys without clients present. Pragmatic to the end, Beth will take whatever path she sees as most likely to achieve results.
2. Arb-Med
What is “Arb-Med”? Arb-Med is a special blend of ADR that is growing in popularity as more attorneys find out about its use and effectiveness. In essence, it combines the best of arbitration with the best of mediation, providing parties an effective, efficient avenue to settlement every time.
How does it work? In a nutshell, an arbitration precedes mediation efforts. As the third party neutral, Beth reaches a decision following the arbitration phase, prior to beginning the mediation phase. However, the decision reached following the opening arbitration is revealed and becomes binding ONLY IF an impasse occurs in the mediation that follows.
So how does one go about setting up an Arb-Med? Typically, by conference call (or in more complex cases, in a face-to-face meeting) the parties review the ground rules with Beth and return a signed Arb-Med contract, committing to be bound by the arbitration award in the event mediation fails to result in an agreement.
Next, the parties compile a list of agreed-upon stipulations. (Obviously, as many issues that can be agreed to between the parties ahead of time, the more quickly and efficiently the process will run once begun.) The parties then forward their stipulations to Beth, along with their witness lists, a projected time estimate for their case, and a synopsis of the issues in controversy.
What happens on the day of Arb-Med? The parties begin their day with the arbitration phase. Opening statements by both sides are followed by the plaintiff presenting his or her case, followed by the defense, much like a trial to the bench. Following each side’s evidence, counsel make closing remarks and the arbitration phase concludes.
At this juncture, a recess is taken, and Beth reaches a decision. It is written down and set aside, without indicating to either side the
result. The parties then reconvene in mediation. If—and only if—mediation is not successful is the arbitration decision revealed and made effective.
3. Training
When you have Beth design training for your company, firm or association, you can rest assured she will not come with a canned, one-size-fits-all presentation. Instead, she will gather information from you as well as from members of your group, exploring the areas that are holding people back from reaching their potential. “What persistent challenge or problem–if properly addressed–could open your group to being more
productive and likely to succeed?” is the kind of information Beth seeks before planning your program. As a result, her presentations are alive and vital; the audience is engaged and participates. Learning and change take place.
Examples of a few recent training programs Beth has designed and led are: “How Do I Get Through to You: Using the Myers-Briggs to Increase Your Effectiveness with the Courts, Your Client and Opposing Counsel”, presented at the 10th Annual Dallas Bench Bar Conference; “Walk a Mile in My Shoes: Understanding the Negotiation Process from the Other Side of the Table” presented at the Annual Conference of the Texas Commission of Human Rights; “Remembering the Call: Why We Are Here, Doing What We Do” presented at the Annual Convention & Scientific Seminar for the Texas Osteopathic Medical Association.
4. Consulting Services
When you hire Beth as a trial consultant, she provides valuable assistance on many fronts. As someone who’s worked with a wide array of lawyers and trial teams over the past
20 years, you let her know what you need and she takes it from there. Whether it’s early in a case and you’re looking for an objective case evaluation, or mid-discovery and you want help preparing a vital witness for deposition, or you’re on the eve of trial and need assistance pulling together a truly helpful jury questionnaire, Beth provides the fresh insights you’re looking for. Always candid, you can count on Beth to give you the straight shot.
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