Why a dragon? 

Mediation, like a dragon, is both powerful and mysterious.  It is feared, it is revered, and it is often misunderstood.

What is mediation?

Mediation is an alternative dispute resolution process that offers numerous distinct advantages over litigation.  Mediation is guided, facilitated negotiation in a constructive, nonadversarial, confidential, and safe environment conducive to open, honest, and straightforward communication and creative problem solving.

Why mediate?

Mediation is faster, more efficient, and more cost effective than litigation.

Why is mediation superior?

Empowerment of the parties:  The parties themselves are empowered to find the best solution to their problems.  The outcome is negotiated by the parties, facilitated by the mediator as deemed appropriate by the parties, and is embodied in a contract or agreement.

Control:  No judge, jury, lawyer, or even mediator decides or dictates the outcome or determines the terms of the agreement.  Of course, the parties' respective lawyers may -- and typically do -- participate in the mediation, but the clients retain greater control than is afforded in the courtroom.  The proceedings are less formal and the range of outcomes is less constrained.

Confidentiality:  Unlike a public proceeding in court, the proceedings during mediation are entirely confidential.  The discussions, negotiations, and statements that occur during mediation are not admissible in court and the mediator cannot be compelled to testify.

Flexibility:  Mediation proceedings are informal and can be tailored to the specific circumstances and posture of the case, as well as to the particular needs of the parties.  For example, any party may communicate privately and confidentially with the mediator or any other party.  Such ex parte communications with a judge would be strictly forbidden.

Neutrality:  The mediator is professionally and ethically obligated to be neutral, impartial, and unbiased.  Moreover, unlike a judge, the mediator is not the decision maker, does not determine who wins or who loses or who has the better argument, does not decide who is right or who is wrong, and does not favor any party or advocate any particular solution.  From this position of strict neutrality, the mediator is uniquely empowered to facilitate frank, open, and honest discussion and principled negotiation by all parties in the endeavor to reach the best possible solution.

Principled negotiation:  The mediator is specially trained to encourage the parties to negotiate honestly in a principled manner and to communicate openly as they explore the issues and their respective interests to find the best path to an optimal solution.

Collaborative problem solving:  The core principle of mediation is that it is a process of collaborative problem solving, which opens up opportunities that lurk in obscurity in the adversarial context of litigation.  As a result, mediated agreements are characterized by enhanced value and greater benefits for all parties than often are realized in the zero sum, win-lose litigated outcome.

Time and money:  Mediation is less time-consuming and less costly than litigation, especially litigation of complex disputes involving massive discovery or disputes that are highly charged with emotion.  The resources saved by mediation can be put to better use by the parties either in settling the dispute or in moving forward in the future.

Relationships:  No matter how acrimonious the dispute, it originated from some prior, more friendly relationship.  By engaging in the mediation process and working together to find a solution, the parties may rebuild and salvage a more positive relationship and a better future for themselves.

Finality:  The risk and uncertainty of long and expensive appeals is eliminated.

Why do I need a mediator?

The mediator serves as a neutral party.  In fact, the mediator is ethically required to remain scrupulously unbiased.  Steve Ramos takes great personal and professional pride in being open minded and nonjudgmental in all circumstances.  Steve strongly endorses the philosophy that it is the parties who are in the best position to negotiate the best outcome for themselves, but that an independent third party can be indispensable to enlighten the parties on the best path to that outcome.  This is especially true when the path has fallen into the darkness that often hinders litigants' vision as conflict escalates and becomes protracted, expensive, acrimonious, and frustrating.

Why Steve Ramos?

In a word ... trust.  Trust is the prime currency for resolving disputes.  Integrity is everything.  It is the paramount foundation upon which trust is built.  Confidence in the mediator and in the process of mediation is a prerequisite for success.  Steve will work tirelessly to understand your case,  to understand who you are, to gain your trust, and to win your confidence.  That is how Steve defines success.

How much does it cost?

OnPoint's fees, like those of other mediation firms, vary with the size and complexity of the dispute, and the time required to resolve it.  OnPoint's fee structure is, however, generally lower and more flexible than that of other, larger mediation firms.  And the cost of mediating with OnPoint is certainly less than the cost of litigating a dispute through pretrial discovery, trial, and potential appeals.

Is it too late?

No, it is never too late, nor too early.  OnPoint provides conflict resolution strategies from the inception of the dispute, or even before, in order to prevent dangerous escalation that can lead to stalemate.  Proactively negotiating solutions to resolve uncertainty and reconcile differing viewpoints offers value in terms of time, money, and energy.  Some examples include negotiating a business deal or sale of a company, planning for leadership succession in a small or family-owned business, estate planning conflicts, land use disputes, and any other situation in which the parties' interests are not in alignment.  Of course, mediation is most often used to resolve disputes that have escalated to the point of acrimonious litigation, up through trial and even after trial and through the appeals process.