Based on his extensive experience participating in mediation as a litigator, Mr. Marlin is keenly aware of the common experience attorneys face of having mediations drag on until late in the day or into the early evening before anything of substance occurs.  He strongly believes that this process is not necessary if the parties can be focused on the key issue(s) in a case very early in the mediation – often at the very outset of the process.

At the beginning of each mediation, Lou explains his process separately to each side, making it clear that the focus of the proceeding should be on finding a mutually acceptable resolution point, and letting go of any need to participate in a long, dragged out event.  Employing a reasoned understanding of the position of the parties based upon their pre-mediation briefs, and with the occasional interjection of humor when appropriate, he encourages the parties to interact with him, rather than flinging “unreasonable, insulting and unrealistic” demands and offers back and forth.

And, when it comes to briefing, Mr. Marlin has a unique process available to attorneys who wish to use it called Avoid the Brief.  This is a straight forward questionnaire which provides Lou with all key information he requires to mediate the case, while relieving counsel of the necessity of preparing a formal brief.  The use of Avoid the Brief is entirely optional, and standard briefing is certainly acceptable.