Linda Michler, Business Law: Mediation

Mediation is a form of settlement conference facilitated by a trained neutral party, a mediator. The mediator helps the parties communicate and negotiate, with the goal of finding a coluntary and mutually acceptable resolution of their case.

At a mediation session, all party representatives and their attorneys meet with a mediator to define the basic issues of the case. The mediator can meet privately and confidentially with each party and their attorneys to caucus, as well as with both parties at once. Many cases can be resolved in six to ten hours—one full day session. Less complex cases can take just a half day.

If the parties can reach a settlement through mediation, they typically sign a settlement agreement, with the review and approval of their attorneys. The signed agreement is enforceable like any contract. If the parties can’t reach a settlement through mediation, they may still go to court to resolve their case. They will have lost nothing in the course of mediation, and may have learned more about the case in the course of discussing it.

Linda A. Michler, a member of the Association of Attorney-Mediators, is committed to using mediation in resolving disputes when possible and when it best suits her clients’ needs. She has experience in defining mediation systems to address employment issues and resolve contract disputes—planning to handle conflicts before they arise, which can prevent costly litigation.

Linda is on the mediator and arbitrator panels for the U.S. District Court for the Western District of Pennsylvania. She also is a member of the mediation panel for the U.S. Bankruptcy Court for the Western District of Pennsylvania, serving on the Advisory Committee responsible for implementing that program.

Furthermore, Linda has participated as an arbitrator in arbitration, a related but nonetheless distinct mode of dispute management. In arbitration, a third party (the moderator) renders a binding or advisory determination in a dispute.

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