an Mateo / Santa Clara / Napa / Sacramento / Solano / San Joaquin

Turning problems
into solutions:

"This was a difficult case, in light of the serious nature and extent of the injuries, and the many legal issues it presented... You stuck to the important issues and you kept us focused when we were all tired, frustrated and losing our control of the situation."
          --Attorney

"It was a pleasure for us to work with you --it was just good to have things heard out in such a fair and open forum."

          --Physician

"Your profound understanding of the case and the needs of the parties and the lawyers was dazzling. Of course, your patience and commitment to settlement is becoming legendary."
          --Judge

Letters quoted herein do not constitute a guarantee, warranty, or legal prediction regarding the outcome of any legal matter.
(Rule of Professional Conduct 1 - 400.)

In law school we learn an effective method for resolving disputes -- trial and decision by judge or jury. Necessary and useful, still it is limited in its flexibility and its ability to get past the 'issues' to the broader 'interests' of the parties.

Mediation is honored in the law as a unique time and place -- with a legally protected confidentiality nowhere else available. People can speak frankly and explore all the possibilities -- those available in the courts and more!

It is a special time, a window of opportunity carved out of the ordinary routine. In mediation people are given the power to control their own destinies. I like guiding people through this special time.

– Michael McCabe, Mediator

Biography
Michael McCabe is an experienced, independent attorney Mediator who is committed to helping others resolve disputes with dignity and respect. The Martindale-Hubbell Law Directory designates him "AV," the highest rating among experienced attorneys.

Providing individuals and businesses with legal counsel for more than 30 years has given Michael McCabe a special talent for helping others find practical and cost-effective solutions to legal disputes outside the courts. A veteran of more than 50 jury trials, he knows the expense, the uncertainty, and the emotional toll of court-determined outcomes. He has seen both the benefits and the risks of litigation.

From his study of organizational behavior at St. Mary's College Executive M.B.A. Program, listening skills learned at Berkeley's Graduate Theological Union, mediation skills sharpened by extensive practical experience and more than two-hundred hours of professional training, Michael McCabe has learned to help others focus on their own interests and benefits -- the things that help solutions come into view and make settlements possible.

He has learned the importance of listening to all views. An active community member, he has guided individuals and organizations through strong debate over policy issues. Married more than 30 years, he and his wife have five adult children.

He follows the Model Standards of Conduct for Mediators jointly adopted by the American Bar Association, the American Arbitration Association, and the Association for Conflict Resolution as well as the Standards recommended by the California Dispute Resolution Institute.

Why Mediate?

Mediation Works.
Mediation offers an opportunity for "win-win" results. It is prompt, fair, cost-effective, and confidential. Mediation is different. Unlike trial or arbitration, no judge or arbitrator imposes a decision. The Mediator helps the parties find their own solution.

Mediation Can Do More.
Most litigated disputes are expensive "win-lose" affairs. Legal options are limited. But the needs of the parties may require more. Mediation encourages flexibility and allows participants to fashion solutions that meet their needs -- often beyond what the law could do.

Mediation is Confidential.
The law provides a special rule of confidentiality for Mediation. Participants can speak freely, and "talk straight." Parties prevent disclosure of personal and proprietary information.

Mediation Conserves Resources.
Mediation helps participants optimize their valuable resources -- time, money, information, personnel, relationships. Mediation concentrates on problem solving rather than saber-rattling. Legal and business advisors give insight and help participants make sound business and personal decisions.

Mediation is Reasonable.
The Mediator's fee is typically divided between or among the parties. Charges are by the hour, and are quoted in advance. Services are provided at the location chosen by the parties.

Mediation Preserves Your Options.
The vast majority of mediated disputes are resolved to the mutual satisfaction of the parties. If not, you preserve your right to litigate or arbitrate.




What Happens at Mediation?
The Mediator welcomes the participants, explains the Mediation process, encourages them to adopt "ground rules," and invites them to enter into a Confidentiality Agreement.

Joint Session:
Listening and learning are important jobs in the Mediation process. The Mediator invites all participants - attorneys, clients, and company representatives -- to "tell their story" or set forth their "best case," while encouraging the others to listen with understanding.

The Mediator summarizes what has been said, and speakers are encouraged to add-to or correct the summary.

When all participants have been heard, the Mediator invites them to identify things to be clarified, questions to be answered, and problems to be solved. The participants and the Mediator make an agenda or llist, and the participants begin working on solutions. The Mediator helps keep the discussion "on track," helps the parties clarify points of view, and nurtures discussion.

Separate Meeting ("Caucus"):
Sometimes participants find it helpful to meet separately with the Mediator to explore ideas, verbalize concerns, and develop options. These sessions too are confidential to the extent the participants wish. Often the Mediator will wait until a Caucus to ask participants:

• What is in your own self-interest? How can that be met?
• What is in the other party's self-interest? How can that be met?
• What are the strengths and weaknesses of your case?
• What is your estimated budget to litigate this case through trial?
• What do you see as your best and worst alternatives to a negotiated settlement?

With party approval, the Mediator may convey information from one group to another. Often the Mediator will encourage the participants to speak directly with one-another in a resumed Joint Session.

Adjournment, Inter-session, Conclusion:
An agreement may be reached in a single session. Perhaps follow-up sessions will be helpful. (The Mediator is often in contact with the participants between sessions, helping them to maximize cooperation and problem-solving.) When agreements are reached, the Mediator encourages the participants to record them in an enforceable summary format, with formal legal documentation to follow.

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