Mediating with the help of Harcourt Hervey

Getting a messy or emotionally-charged estate, elder law, or property case settled and out of the litigation process can be a challenge. Harcourt "Hark" Hervey specializes in helping parties achieve resolutions to their most difficult disputes through gentle and patient attention to each party's goals and ultimate desire for resolution.

Experience and Approach

With more than 35 years of probate, trust, conservatorship and elderlaw experience, Hark brings a depth of substantive legal knowledge to estate-related mediations. Equally important, however, is his understanding of the complex emotional elements that undergird many estate-related disputes.

Hark focuses on understanding the needs, interests, concerns, and values of every party going through mediation. Hark works to uncover the parties' true goals, and then coaches each side toward achieving those goals without using bluster or threatening words. As a settlement “facilitator” he encourages parties and their counsel to look for creative solutions: sometimes an apology opens the floodgates of settlement possibilities; sometimes non-parties turn out to be indispensable and get included in the settlement process by agreement.

Parties and their counsel sometimes come to the mediation process with a sense of hopelessness, as a result of the progress or lack of progress of the case prior to mediation. Hark works to create an early sense of empowerment for each of the parties by facilitating small agreements at the outset of the mediation, which can set the stage for later collaboration and resolution of the key issues.

Past clients have said that Hark brings warmth and sincerity to the settlement process. Referring attorneys appreciate his empathetic approach and passion for the settlement process. References are available upon request.