About tHe mEDIATION pROCESS
- Mediators have different styles and procedures, ranging from hands-off refereeing of discussions between the parties to proactively working for agreement between the parties. Judge Davis is proactive and works hard to get disputes resolved. He uses an evaluative approach that brings to bear his experience as a litigator and judge, to press the parties to be realistic, reasonable , creative and respectful in reaching a mutually agreeable resolution. He is mindful of the need for any agreement reached to be workable and practical and, particularly in family law disputes involving parents, the need to maintain the future working relationship between the parties.
- Judge Davis now conducts mediations only by teleconference using the Zoom platform. After doing hundreds of mediations in person and via Zoom he has concluded the Zoom teleconference process to be just as effective as in-person mediations, but with considerably more convenience for the parties. He begins the Zoom teleconference with a brief initial joint meeting of all participants in which he talks about the process. The parties then separate into "breakout rooms" where he works with each party and counsel, shuttling back and forth between the rooms as needed to facilitate the negotiation and settlement process. He can share documents with the parties through email and on-screen display. If a settlement is reached he will assist in drafting an agreement that the parties can sign electronically, using DocuSign.
- The parties will each be required to submit a pre-mediation statement and provide other necessary information to Judge Davis prior to the date of the conference to help him prepare for the conference.
- A typical mediation will take a minimum of four to five hours including preparation time. However, depending on the number and complexity of issues, mediations can extend to full days or multiple sessions as necessary, by agreement of the parties.