Mediation Services
In a sense, taking a case to court is like gambling.
Litigation requires parties to constantly calibrate the legal and factual variables of their case, so they can manage the risks and rewards of moving forward. But unknowns abound when facing unpredictable juries. This often leaves litigants unable to reduce uncertainties to acceptable levels.
Mediation can eliminate unpredictable outcomes.
Parties in the mediation process often make concessions to resolve their cases because they can see the variables more clearly.
Having served Oregonian’s mediation, arbitration, litigation, and transactional legal needs for nearly 25 years, Joe Durkee has a four-dimensional appreciation of the dynamics that drive cases toward settlement and the tools to get them resolved.
Types of cases Joe Durkee mediates:
Public Policy
Administrative Proceedings
Motor Vehicle Accidents: Third party, uninsured motorist, under-insured motorist, PIP.
Insurance Disputes: Breach of contract, subrogation, actions against insurance agents.
Business Law Disputes: Partnership disputes, shareholder disputes, breach of contract, copyright infringement, trademark infringement.
Employment Disputes: Discrimination, harassment, retaliation, disability, wage and hour.
Real Property: Boundary line, timber trespass.
Aviation Accidents
Wills & Trusts
Construction Defects
Joe does not mediate family law, or HOA, COA, or neighborhood dispute matters.
How mediation works.
Confidentiality:
All discussions during mediation are confidential (in Oregon the statute is ORS 36.220 et seq.). Joe will not be required to testify about any mediation unless the parties and mediator otherwise consent.
All mediation submissions shall:
Be provided at least 3 business days before mediation. (E-mail submissions are acceptable.)
Include a short factual and legal outline of the dispute, a summary of the strengths and weaknesses of a party’s position, and a summary of the settlement negotiations to date (if any).
Decision makers:
Decision makers with adequate authority to settle the dispute should be physically present at the mediation unless all other parties have been notified in writing and have expressed in writing their agreement to participate by phone.
Joint sessions:
Joint sessions of some or all participants at the mediation may occur if the participants and counsel can substantiate that such meetings will be productive. Generally, such sessions are not used unless there is an identified purpose, expressions of desire by all participants to have such sessions, and commitments by all that they will participate with the goal of moving toward a resolution.
Document destruction:
All submitted materials will be destroyed after the mediation closes.
Mediation start times:
Full-day sessions begin at 9:30 a.m.
Half-day sessions begin at either 9:30 a.m. or 1:30 p.m.
Other start times can be arranged to accommodate the needs of the parties.
Before taking on a new case, Joe runs a conflict check to ensure he’s able to mediate the matter.