ADR Services & Methodology
Mediation
Scott views mediation at its essence as a collaborative process to reasonably assess each party’s risk of an adverse outcome. Disputes that settle, generally, are those where the parties, with the guidance of the Mediator, have stepped back from emotion and removed their suits of armor to make an honest assessment of their own risk as compared to the opposing party’s risk. Risk comes not only from the possible adjudicated outcome, but also the human and transactional cost of the litigation process. Scott’s approach is to assist each party with this honest risk assessment and to gain an understanding of both its needs as well as its opponent’s needs, all to reach the goal to find where the parties’ risk and expectations intersect. Scott has represented both defendants and plaintiffs, and he understands counsels’ role in mediation, and the perspective each side brings to the mediation rooms. He is pragmatic, believes in cutting through the static and barriers to settlement, and can tailor his approach to the most sophisticated and uninitiated party alike.
Arbitration
As an Arbitrator, Scott views his role as both facilitator and adjudicator. Parties choose arbitration as a means to resolve their dispute because the process is intended to provide more flexibility, efficiency, with a less formality, time commitment and legal cost. Most importantly, arbitration should provide the parties an opportunity to have their case resolved by a subject matter expert. If any of these elements are missing from the process, the parties may be served best by taking their dispute to court. As a facilitator, Scott brings his hands on experience trying cases in both the courts and in arbitration to focus the parties on a discovery and pre-trial process that fits the needs of the matter at hand to provide the parties the best possible opportunity to get their case ready for hearing with minimal disruption, delay and cost. As an adjudicator, Scott applies his understanding of the law, and his organizational skills to manage the adversarial process with a focus on the issues of substance. Scott’s experience as an attorney, business owner, contractor and Engineer afford him an excellent capacity to understand the evidence, and to render a well-reasoned and impartial award.