Mediation at Every Stage of Your Dispute
Mediation That Is Timely
Disputes evolve. Positions harden. Costs rise. Relationships strain.
Mediation can be effective early, when there is still flexibility; midstream, when communication has broken down; or late, when the risks of trial are fully understood.
Mediation means engaging the process when it can do the most good, based on the needs of the parties, not an artificial timeline.
Each stage of a dispute offers different opportunities for resolution. Matt works with individuals and their counsel to identify when mediation will be most effective and how to structure the process for success.
Three Opportunities to Mediate
Pre-Litigation Mediation
Pre-litigation mediation offers an opportunity to address conflict early, before positions harden, communication breaks down, or legal fees begin to mount. Meeting at this stage can preserve relationships, reduce stress, and avoid the financial and emotional costs of litigation or arbitration.
Because the focus remains on problem-solving rather than winning a legal battle, early mediation often leads to faster and more practical solutions.
Matters that often resolve well at this stage include real estate disputes between buyers and sellers, family conflicts following the loss of a loved one, and cases where the issues are relatively well defined.
Litigation-Adjacent Mediation
When a matter is already in litigation, mediation provides a valuable opportunity to step outside the pressures of motion practice, discovery disputes, and trial deadlines. It allows counsel and clients to reassess risk, refine the core issues, and explore resolution options that a court cannot impose.
At this stage, parties typically have enough information to understand both the strengths and vulnerabilities of their positions. Mediation can help reset expectations, narrow contested issues, and create a more efficient path to resolution.
If a critical motion is pending, mediation may be most effective after that motion has been decided, although sometimes the uncertainty of the upcoming ruling creates greater flexibility in settlement discussions.
Pre-Trial / Last-Chance Mediation
Matt has served as a settlement conference panelist and private mediator for cases approaching trial, often three to six weeks before the scheduled date. By this point, parties have usually completed expert discovery, depositions, and motion practice. Everyone has a clearer picture of risk.
Pre-trial mediation becomes the final meaningful opportunity to resolve the case before committing to the monetary and emotional cost, uncertainty, and disruption of trial. With full information available, counsel, clients, and insurers are better positioned to realistically evaluate settlement terms.
When participants come to mediation prepared and open to resolution, mediation at this stage results in settlement 90–100% of the time.
Approaches to Achieving Resolution
Evaluative Mediation
Particularly helpful in litigated cases where parties need a realistic understanding of risk and likely outcomes. The mediator may offer informed perspective on how a case might be viewed by a judge, arbitrator, or jury.
With more than forty years of trial and litigation experience, Matt is well positioned to provide that perspective while ensuring each party is fully heard.
Transformative Mediation
Focuses on improving how parties see and communicate with one another. While resolution of the dispute is still the goal, this approach also seeks to repair relationships and restore respectful dialogue.
Especially effective in family matters, workplace conflicts, and leadership or board disputes where communication has broken down.
Facilitative Mediation
Centers on conversation and problem-solving. The mediator guides discussion, keeps communication productive, and helps the parties identify common ground without offering opinions on likely outcomes.
Works well in business and partnership disputes, neighbor conflicts, and many mid-level civil matters where preserving relationships is important.
What a Mediation Day Looks Like
Whether in person or virtual, Matt structures each mediation day to create a calm, focused, and productive environment. Parties are welcomed, the process is clearly outlined, and each participant has private space, either a physical room or a virtual breakout room, to think, strategize, and speak candidly.
Throughout the day, Matt moves between parties with purpose, checking in frequently, clarifying issues, and helping refine goals as negotiations evolve. He listens closely, reads the dynamics, and adjusts his approach based on what the moment requires.
The pace is steady and intentional. Matt keeps the conversation moving without rushing, ensuring participants feel heard, respected, and supported.
How Long Do Most Mediations Take?
Full-day mediations are typically scheduled from 9:00 a.m. to 5:00 p.m., but those hours are only a framework. If the parties are engaged and making headway, Matt will continue working with them until a settlement is reached and a written term sheet is signed. Going overtime is common when parties are close to resolution.
For matters with narrower issues or more limited budgets, a four-hour session, 9:00 a.m.–1:00 p.m. or 1:00–5:00 p.m., may be appropriate. Even in shorter sessions, Matt's focus remains the same: keep the parties negotiating productively and avoid ending the day without a settlement.
Matt has mediated sessions that ran well beyond the standard day when progress was being made. One memorable example was a matter he co-mediated with Judge Weinstein (Ret.), involving a public figure and a threatened filing, which ran from 9:00 a.m. to 9:30 p.m. because the parties were moving toward agreement and stopping early would have jeopardized settlement.
Matt's commitment is simple and unwavering: he stays with the parties as long as they are working toward agreement.
Common Questions
Is mediation public or private?
Mediation is always private and confidential. Even if the underlying dispute is public, what is said during mediation cannot be used later in court. This confidentiality allows participants to speak openly and explore solutions without fear of repercussions. Prior to commencing mediation, the parties will sign a mediation contract that references all of the applicable California Evidence Code sections that make the mediation process strictly confidential.
Is virtual mediation as effective as in-person?
Virtual mediation has become highly effective and offers convenience, lower cost, and easier scheduling. That said, Matt's experience is that in-person mediation often produces higher settlement rates because participants are more fully engaged. When feasible, he recommends meeting in person in his office conference rooms or another suggested site, though he is happy to conduct virtual sessions when appropriate.
When is the best time to mediate?
The best time is when the parties are ready to engage openly and when all decision-makers are present. Mediation works best when participants are prepared to evaluate risk honestly and consider compromise. When those elements are in place, the case is ready for resolution and Matt should be contacted to schedule a half-day or full day of mediation.
Will Matt travel for mediation?
Matt will travel to accommodate scheduling, convenience and process.