Alternative Dispute Resolution, or Mediation, is evolving as a popular choice to resolve business disputes. Since time is money, it also makes good business sense. Quite often, parties can settle their differences after one session. Compared to the traditional legal route which involves extra time, money, and frustration, the mediation alternative is the logical option.
What are the benefits that businesses achieve when they choose mediation to resolve their disputes?
- Timely Dispute Resolution – The mediation process will resolve disputes far quicker than litigation.
- Control – Unlike either a Judge or an Arbitrator, a mediator does not make any decisions for the parties. They are always in control of any outcome. Although the mediator may suggest different ways to view any potential settlement offer, the decision of whether to settle remains with the parties. And since mediation is a confidential process, nothing that is said in mediation can ever be repeated in court as an “admission” of a party.
- Cost Savings – If the companies involved in the dispute make the decision not to have an attorney present, the only expense they will incur is the mediation fee. Even with counsel present, the cost is still far less than litigation.
Mediator styles and philosophies can be divided into three general styles; evaluative, facilitative, and proactive. But rarely does “one size fit all,” and that is certainly true of mediation styles. A good mediator must be able to adapt to both the specific situation, and the specific litigants. To accommodate this “changing landscape,” I tailor my usually proactive style to fit the litigants and the situation, all with the ultimate goal of reaching a mutually acceptable resolution of the dispute.
I have been a certified Circuit Civil mediator since 1991. I attended college at New York University and graduated from the University of Miami Law School in 1975. My legal practice focuses primarily on general commercial litigation with an emphasis on creditor’s rights and complex commercial collections. These areas have allowed me to develop a good business sense, which I find invaluable as a mediator.
My mediation experience also includes numerous negligence, product liability, and personal injury disputes. This has allowed me to develop both a strong background in personal injury case evaluation, as well as some novel techniques for avoiding mediation impasse.
In addition to possessing a strong substantive and procedural understanding of the law, I am also a “good listener.” During mediation, I strive to conduct myself as forthrightly and honestly as possible in order to maintain the highest level of credibility with the parties. Credibility is critical to building trust which is crucial to being perceived as an “unbiased neutral.”
If you would like to schedule a mediation, or would just like a consultation, please contact me at 480-244-8356