Services

Mediation

Mediation is a confidential and informal process which allows parties to reach a negotiated resolution of their disputes. As a skilled and experienced mediator, Ms. Lesser uses a variety of methods, including both facilitative and evaluative techniques, to accomplish that goal. In facilitative mediation, the mediator assists the parties in communicating more effectively, moving past intransigence, and brainstorming about settlement options. Evaluative methods call for the mediator to "reality test" the parties' positions and to provide the parties with a more objective viewpoint of the case, all in a confidential context.

No one technique is appropriate for all mediations. Rather than a "one size fits all" approach, Ms. Lesser uses the range of techniques most fitting for the particular dispute and the stage of negotiation.

Arbitration

Arbitration is a private dispute-resolving mechanism in which a single arbitrator, or panel of arbitrators, decide a dispute and render a binding decision. If designed and conducted properly, arbitration is a faster, more flexible, and cost-effective means of dispute resolution than traditional litigation. Ms. Lesser is available to arbitrate disputes to a binding conclusion, either as a sole arbitrator or as a panel member. Ms. Lesser has served as an arbitrator in numerous commercial and workplace disputes, and serves on the commercial arbitration panels of the American Arbitration Association and the CPR Institute of Dispute Resolution.

Case Evaluation

Ms. Lesser may be jointly retained by the parties as a neutral to evaluate the strengths and weaknesses of each side's case, often as a prelude to mediation or settlement negotiations. Typically, Ms. Lesser will analyze the claims and defenses, understand the applicable law, and review the critical evidence from both sides. She will then render an advisory, non-binding opinion in writing to both sides. The parties may then decide to negotiate the case on their own, or to request Ms. Lesser's assistance in mediating the case.

Case evaluation is particularly helpful where parties' views of the case are widely divergent, making a negotiated resolution impossible without a more objective evaluation by a neutral third party.

Case Consultation

Ms. Lesser consults with clients to assess the strengths and weaknesses of a potential or pending dispute. The objective of the consultation is to assist client and counsel in developing strategies for resolving the case at the earliest possible opportunity. Ms. Lesser may be asked to participate in the negotiations directly or to advise "behind the scenes."

Internal Investigations

Ms. Lesser has extensive experience in conducting special investigations under a wide range of circumstances, including questioned business transactions, workplace disputes, and professional liability claim evaluations.