Mediation and Arbitration is typically referred to as alternative dispute resolution method. Mediation is where settlement negotiations between parties to a dispute are facilitated by a neutral third party, or mediator. The mediator does not have the power to impose a resolution or make rulings. Rather, the mediator guides the parties towards resolution, thereby avoiding the cost in time, money, and potential exposure of a court proceeding or arbitration.
Through a variety of techniques including sessions with all parties and separate caucuses with each party, the mediator helps both sides define the issues clearly, understand each other’s position, and move closer to resolution. In mediation, the parties control the outcome, and the potential exists for an agreed-upon “win-win” solution which preserves the essential interests of all of the disputants in a confidential setting.
Arbitration is a technique for the resolution of disputes outside the courts, where the parties to a dispute refer it to one or more persons to review the evidence in the case and impose a decision that is legally binding for both sides and enforceable. Arbitration is often mandated by a contract between the parties.
All of our attorneys, regularly use Alternative Dispute Resolution (ADR) mechanisms and techniques. Our firm routinely represents clients in significant arbitrations before the American Arbitration Association (AAA), and other ADR forums. Our attorneys also participate in court-mandated settlement conferences and privately arranged mediations. In addition, many of our lawyers serve as court-appointed or privately hired mediators and arbitrators. One of our lawyers is a member of the ABA Alternative Dispute Resolution Committee and several of our lawyers have been commended by the Federal District Court for mediation service. We regularly use the ADR Process to assist clients who find themselves in disputes that they want to resolve in ways other than through traditional litigation.
- Company Shareholder or Member Disputes
- Employer/Employee Disputes
- Contract Disputes
- Injury Claims
- Family Disputes
- Probate or Estate Disputes