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Kathleen Wareham is a talented, hardworking mediator who brings to the table a calming presence, attentive listening skills, the ability to empathize with all parties and points of view, and a knack for creative problem solving. She combines her skills, training, and experience as a facilitator and mediator with her legal education and experience in the fields of civil rights and employment, personal injury, negligence, wrongful death, probate, guardianship, trust, and elder law. In this way, she can work with attorneys, other professionals, and laypersons to resolve legal disputes through the respectful, inclusive process of mediation.
Sometimes settlement is reached through simple compromise and as an alternative to a court-imposed solution. Other times it is reached because the attorneys or parties gain a new insight into the issues, or a party feels acknowledged and understood by another party.
A Process Tailored to Each Case
Kathleen customizes the mediation process for each case. She talks with the attorneys in advance of the mediation about the pros and cons of meeting jointly or separately, of inviting opening statements from the attorneys, and of the clients’ special needs. During the mediation Kathleen uses facilitative and evaluative mediator skills, listening attentively to each party and attorney, helping the participants see options and evaluate risk, and helping them develop proposals that address their own needs and goals as well as the needs of those in the other room. Drawing upon her extensive legal background and experience, Kathleen can challenge the thinking of the attorneys and parties, as needed in each unique case.
Tenacity
Kathleen’s persistence helps attorneys and parties resolve even the most challenging cases. A case might be challenging because the parties are miles apart in valuation. It might be challenging because actions or a failure to act by the parties has caused what the parties believe is irreparable damage to their relationship. But Kathleen keeps working toward resolution as long as there is any hope of settlement.
In Kathleen’s experience, every case, irrespective of field of law or amount of compensatory damages sought, has an underlying emotional current that motivates the parties. Using her unique combination of legal experience and facilitation training and talent, Kathleen works with the attorneys and parties to break down complex legal cases and emotional dynamics into manageable parts, and guides the parties to a settlement and sometimes reconciliation.
Hard Work and Preparation
Kathleen arrives for the mediation session fully prepared. In advance of the session, she reads all written materials submitted and talks with the lawyers. This level of preparation helps her walk into the mediation with a good understanding of the legal dispute and the underlying sources of conflict. She then works productively with the parties, helping them make good use of their time, including the time she is working with another party in another room. As the mediator, Kathleen facilitates the parties’ communication and understanding of the dispute, helps the parties and attorneys evaluate the risks of proceeding to trial or a hearing, and guides the parties and attorneys to a resolution.
Attorneys who have worked with Kathleen report she is a quick study, as well as attentive to and empathetic with their clients. Insurance representatives and risk managers report she is persistent, good with numbers, and able to help the parties understand the perspective of the other parties. See testimonials. |
Helpful Resources:
Former mediation clients provide their testimonials about Kathleen Wareham's approach and abilities.
Mediation Preparation Practice Tips—Specific, practical suggestions to enhance the mediation experience and get the best results. |
