RESOLVING
CONFLICT
AN INNOVATIVE AND EFFECTIVE METHOD TO SETTLE DISPUTES
Erwig Mediation was founded on the principle that a single day of powerful mediation can resolve months- or years-long conflict. By using a method that eliminates unnecessary friction in the traditional mediation process and focuses on realistic possibilities for settlement, Erwig Mediation helps you reach an optimal self-determined resolution.
Creative approaches to reach resolution
Open and constructive communication
Honest reflection of strengths and weaknesses
Alexander Erwig
MEDIATOR
EDUCATION
Harvard Law School, J.D., magna cum laude
University of Oregon Clark Honors College, B.A., cum laude, Phi Beta Kappa
ADMISSIONS
California
Oregon
After graduating from Harvard Law School, magna cum laude, Alexander started his career at a boutique trial firm. In his work as a litigator, Alexander gained a deep understanding of the litigation process by running his own cases, taking dozens of depositions, and arguing numerous critical hearings. He also handled case intake and evaluation of new matters. Alexander’s litigation experience spanned numerous subjects—from the Toys “R” Us bankruptcy litigation to antitrust litigation, class actions, and mass torts.
In his litigation practice, Alexander saw first hand the toll that drawn-out litigated conflict takes on all of the participants, as well as the wasted resources and risks of taking a case to trial. And he also experienced the transformative power of effective mediations as an alternative solution. Alexander draws on these experiences in working with parties to help them reach agreement. In particular, he focuses on disputes that appear to be irresolvable, and aims to resolve them in a single day of mediation.
APPROACH
As long as decision makers with full settlement authority personally participate in the mediation, Alexander’s approach is designed to facilitate a resolution and a binding term sheet signed by both sides in a single day. Alexander’s approach can resolve conflicts at any stage—from before the filing of a complaint to after the briefing and arguing of an appeal.
In some instances, a conflict may be in the early stages and may not have clearly defined parties or points of contention. Alexander will work with those involved to craft a process that maximizes the potential for effective resolution.
LOGISTICS
MEDIATION ATTENDANCE
The most critical factor underlying the success or failure of a mediation is whether a decision-maker with full settlement authority is present. Thus, Alexander asks that at least one representative with full settlement authority (i.e., someone who does not need to obtain outside approval before entering a deal) is present at the mediation for each side.
MEDIATION BRIEFS
Each party participating customarily prepares a mediation brief to share with Alexander and with the other side in advance of the mediation. Please keep the mediation briefs to ten pages (often shorter, more concise briefs are even more effective), and be mindful of the number and length of exhibits that you include. Alexander strongly encourages the parties to share their mediation briefs with one another. Any information that you want to share only with Alexander and not the other side in advance of the mediation can be communicated in a separate letter or brief.
INFORMATION EXCHANGE
In some instances, there may be detailed or very complex information that should be exchanged in advance of the mediation to help facilitate a deal. For example, if a settlement agreement is likely to include numerous complex provisions, it may be helpful for the parties to prepare or exchange drafts of some of those terms in advance so that extensive drafting after a full day of mediation can be minimized.
LOCATION
Mediations can take place virtually via Zoom or at a location of the parties’ choosing.
