Carol J. Marshall: Mediator, Arbitrator, Dispute Resolution Services

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CAROL MARSHALL created ADRIAD after devoting most of her professional life to dispute resolution in one form or another. Carol began her legal career as a litigator in 1978 and shortly thereafter began to engage in neutral work, serving first as an arbitrator and then adding mediation to her practice. She has been a full time neutral for the past several years. In addition to her dispute resolution practice, Carol teaches mediation and other dispute resolution courses throughout the San Francisco Bay Area and beyond.

***complete resume and related materials can be found on the "Documents" page

"...our integrity as mediators should stand out like a beacon, guiding parties out of conflict and toward more productive endeavors. Nothing should dull that shine."
[Carol Marshall,"Naming the Game," Dispute Resolution Journal,2002]

"And we are here as on a darkling plain
Swept with confused alarms of struggle and flight.
Where ignorant armies clash by night."
[Matthew Arnold, Dover Beach]

Carol believes that all conflict resolution processes result in greater party satisfaction when everyone involved is well-informed about the process and, in non-binding processes like mediation, when clear and open communications occur across the board. As to the former, leaving any party participant in the dark about the process only leads to an abundance of frustration and unhappiness. As to the latter, as a long time litigator, Carol completely understands and respects the need to preserve privilege and work product. She also knows that parties and their counsel must intelligently balance the need to keep certain information confidential in the event that litigation must continue following a failed attempt at a non-bindinge process against the beneficial effects of open communications. That being said, Carol encourages legal counsel to fully inform their own clients about their process options and then to help them shape realistic expectations about what will happen during the process that they ultimately choose, how long it will likely take, what will be expected of them, the types of issues that can likely be resolved, and so forth. During a process like mediation, Carol encourages enthusiastic participation of everyone at the table and as free an exchange as possible given the constraints and duties of good representation and strategic considerations.

Carol will happily provide whatever additional information counsel requests with regard to process options and educating participants about the chosen process.