Mediation Services
Preliminary Work Pays Off
Tom saw reoccurring problems with mediators who did not do their homework before the mediation, did not conduct any follow up after an unsuccessful mediation in an effort to try to resolve the claim, or mediators who were more interested in telling war stories than getting a case settled. Nothing is more frustrating than paying a mediator who is unprepared, does not get numbers from the parties until three o’clock in the afternoon, and then quits at five ‘clock with no subsequent follow up.
As a mediatior, Tom Lether has subsequently mediated numerous cases. Once again, these cases include complex coverage matters, bad faith claims, multi-party cases and municipal cases for various cities and local governments. His closure rate is almost perfect. He spends time reviewing the materials and contacting the parties before the mediation. If the case is not resolved on the day of the mediation, he is not shy about following up in order to get the parties to come to an agreement.
Tom believes that preliminary work really pays off—the exchange of written materials or picking up the phone and talking to the other side. The preliminary discussion is important, so that he knows where the other side is coming from.
His successful approach has been featured in trade publications including an interview which was published by Pacific ADR Consulting. Tom Lether describes his practice in the interview as follows:
What I have found is that all of that preliminary work really pays off—the exchange of written materials or picking up the phone and talking to the other side. The preliminary discussion is important, so that I know where the other side is coming from. I also work as a mediator. When I act as a mediator, I’ll have preliminary discussions with both sides. I get as many issues flushed out as I can so I can get some forward movement going before the actual mediation. Quite often, I’ve seen the non-lawyer party in the case wonder: Why did it take so long and there is no dollar settlement yet? If you can get the legal and factual issues flushed out in advance that’s huge, but it doesn’t happen without communication. People need to communicate more.” - Thomas Lether
Mediation is not limited to just a few hours or a day-long session. He works diligently every step of the way—from pre-mediation calls and preparation to post-mediation follow-up—toward helping all parties arrive at the best possible outcome to their dispute.
Tom works hard to find cost-efficient solutions that are assist in the processes between direct negotiation and litigation to achieve resolution.
Alternative Dispute Resolution (ADR) is a spectrum of less costly and more expeditious alternatives to litigation, where a neutral party assists the disputing parties in reaching resolution. ADR allows for more creative and collaborative solutions than that of traditional litigation. ADR works to successfully resolves business and legal disputes by providing efficient, cost-effective and impartial ways of overcoming barriers at any stage of conflict. Toms experience both as a mediator and arbitrator greatly assist in this dispute process. As an attorney, he is particularly qualified because of his deep understanding of the specific state and federal law.