Our Mediated Settlement Conference program is designed to end legal proceedings quickly and effectively. The Conference can occur at any point in the litigation process, but is usually held after some discovery has been conducted.

• Mediated over 700 Arizona divorces since 1995
• BS (accounting), California State University, 1965
• JD, University of San Diego Law School, 1968
• California trial lawyer, 1969 - 1987
• Business owner, 1988 - 1991
• MA (clinical psychology), Antioch University, 1992
• PhD (human behavior psychology), Ryokan College, 1994
• Mediation training includes:
  • Dispute Resolution Clinic at Pepperdine Law School in 1993
  • Mastering the Mediation Method, Lemmon Mediation Institute in 1994
  • Advanced Mediation Skills, The Mediation Center in Eugene, Oregon in 1999
• Publications include:
  • The Anatomy of Anger, Arizona Counselors Association, 2000
  • Situational Mediation: Sensible Conflict Resolution, Issues Press, 2003
  • The Impact of Grief on Divorce, Association for Conflict Resolutions, 2006

“Oliver’s unique blend of knowledge and compassion make the mediation process productive and satisfying for both clients and attorneys.” Suzan Pearlstein, Attorney

Top of page

Program:

Preparation - No later than 10 days before the Conference, each attorney submits:

• Mediation Memo – a concise memo (5-10 pages) to the mediator, with a copy to opposing counsel, summarizing the operative facts, discovery undertaken, matters resolved, contested issues, and legal positions, along with all relevant documents.
• Confidential Settlement Memo – a short memo (3-4 pages) to the mediator alone, summarizing the history of any settlement negotiations, the party’s current settlement position, the fees and costs incurred to date, a good faith estimate of the fees and costs to try the case to conclusion, and any underlying concerns, interests, objectives, and other considerations relevant to settlement.

“Many of my divorce clients have benefited tremendously by using Out-of-Court Solutions. I highly recommend Oliver Ross.” Robert L. Baumann, Attorney

Top of page

The Conference:

• First, with everyone present, the mediator reviews the rules and procedures for divorce mediation. Next, the mediator initiates a discussion concerning the contested issues and any other matters that may need clarification. From then on, the mediator fosters communication, negotiation, and decision-making through a series of joint and/or private mediation sessions.

  The mediator also injects reason and otherwise helps the parties deal with the emotions common to divorce. Upon settlement, the mediator prepares a Memorandum of Understanding, summarizing all of the decisions made during the Conference.

• The attorneys and parties decide the extent to which the parties themselves participate in the Conference. Some parties want to actively participate, while others prefer to let their attorneys speak for them.
• The vast majority of cases are settled in one day or less, but the mediator will stay involved – via telephone, email, or another Conference – for as long as everyone believes that progress is being made.
• The Conference usually lasts between 4 and 7 hours. The mediator typically spends from 1 to 2 hours reviewing each party’s Mediation Memo and Confidential Settlement Memo and, upon settlement, from 1 to 3 hours preparing a Memorandum of Understanding. Thus, on average fees will total $1700 per party. There are no administrative fees or charges.

“I truly can say that when recommending mediators to my clients and other attorneys, Oliver Ross is at the top of my list.” Gary Frank, Attorney

Top of page

Getting Started:

To get started, the parties sign an Agreement to Mediate that the attorneys send to Out-of-Court Solutions along with each client’s credit card information for the deposit. Out-of-Court Solutions then arranges a mutually convenient Conference date.

Top of page