Frequently Asked Questions (FAQ)
These are some of the questions most frequently asked by either attorneys or parties to a dispute (or both). If you have a question not answered by this section or at any other page of this website, please contact Mr. Duffy for a prompt response.
What are your case management and/or administrative fees?
We do not charge for case management or administrative fees.
What is your mediation style?
If every dispute were the same, I would use the same style for each. But every dispute is different, and not just because the legal issues are different. Participants, attorneys and their clients, bring different perspectives and expectations to mediations. I invite counsel to provide me with their input in advance of the session, and that includes their opinions as to what is needed and expected to effect a resolution.
Why don’t you specialize in one type of dispute?
I specialize in helping people resolve disputes and I focus on resolving the types of matters where I have experience. With a broad background in a variety of business litigation matters, I can bring some familiarity to most business issues.
Does there have to be a lawsuit before mediation can be used to resolve a dispute?
No. Attempts to resolve disputes through mediation are often required in contracts, or by statute, as a condition that must be satisfied before a lawsuit may be filed. But whether pre-litigation mediation is required or not, sometimes disputes can be more easily and effectively resolved before there is a lawsuit.
How long does mediation last?
This is one of the most common questions, and one with no easy answer. The short answer is that a session lasts as long as it takes to achieve a resolution or for all parties to conclude that more effort devoted to the mediation process at that particular time would be futile. Mediation is more a process than a timed event. Some participants arrive at mediation sessions more than ready to reach a resolution than others; while that can be frustrating to some, it is also why people turn to mediators for help.
Who should attend the mediation? Who should not?
Every party and party representative with settlement authority must attend. Anyone else whose input is needed or whose authority or approval is necessary to conclude a settlement agreement should in most instances also attend.
Can I or my client or my insurance representative (or someone else who will be making a decision) participate by telephone?
I strongly recommend against it. I have found that physical presence is preferable and not being at the session physically can present an additional set of potentially complicating obstacles to resolution. Nevertheless, I have successfully resolved matters where participants were on the phone, constantly or nearly non-stop, throughout the mediation session, and other matters where the telephone contact was periodic.
Do I have to provide you with a mediation brief?
It is not mandatory. However, I prefer mediation briefs, because I have found that most participants like the mediator to be aware of as much as possible about the dispute before the mediation session convenes. I have also found that the process works more efficiently if counsel provide me with briefs, and any other materials they want me to understand, in advance. Thoughtful briefs also allow counsel and parties to fully evaluate both their own and their opponent’s positions, strengths and weaknesses.
Will you mediate a dispute where there are no attorneys involved?
In appropriate instances, yes, but that is not my preference and it may not be best for those involved in the dispute either.