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What is mediation?
The common element in all forms of alternative dispute resolution is that the parties seek to resolve their dispute without, or with very limited, court involvement. Our clients determine the form of dispute resolution to be utilized. We find that the most commonly requested dispute resolution techniques are mediation and binding arbitration. MEDIATION consists of a facilitated negotiation process conducted with the parties by a neutral professional. Mediation is voluntary and confidential. The mediator does not impose a solution upon the parties. The mediator’s role is to facilitate the exchange of information and explore settlement options with each party with the overall goal of finding an acceptable resolution of the dispute. The mediation process is confidential and none of the information disclosed in mediation can later be used in court, except by agreement. Legal counsel may or may not be present in the mediation. Depending upon the type of dispute, our experienced Associates generally assist clients in reaching settlement in more than 80% of the cases submitted. MEDIATION/ARBITRATION. If mediation does not fully resolve the dispute, the parties may agree to enter into a second process such as arbitration. The parties would then meet with a neutral, present evidence, and a decision or award would be made. The decision may be binding or advisory. ARBITRATION is a process where one or more neutrals are employed to consider the evidence presented and to render a decision or award. In many ways, arbitration is a simplified and expedited trial. The parties may limit their exposure, for example, by setting high/low limits to the award or by mutually determining whether the arbitrator’s decision will be final (binding) or appealable to a court. Generally the arbitrator’s decision will be rendered within a short time following the completion of the arbitration. PRIVATE CASE CONSULTATION, PRIVATE APPEAL, NEUTRAL EVALUATION AND SPECIAL MASTER. These services provide a private, expeditious, and cost-effective method for clients to obtain a neutral and independent review of a matter before it proceeds to trial. Whether the case involves complex civil litigation, multiple parties, or class action, our private ADR consultation services can often assist in reducing the scope of litigation, expedite discovery or provide flexible resolution suggestions. In lieu of an expensive appeal, ADR can provide panels of experienced judges and/or senior attorneys to review and consider the underlying proceedings and render a final decision in the case. Depending upon the type of case, most private appeal decisions can be rendered 30 days from the date of submission. CONSULTATION, PREVENTION AND DISPUTE RESOLUTION DESIGN. Our panel of Associates can assist businesses and professional offices in both the private and public sector with customized dispute resolution design. Our Associates can provide internal fact-finding, conduct internal investigations, suggest an appropriate grievance process, assist in corporate reorganization or provide a wide range of mediation and arbitration services to resolve employment disputes. Dispute resolution design is carefully planned to address internal and external conflicts. This conflict resolution system is designed to utilize those existing company policies and procedures that have been proven to be effective, while adding or modifying new policies, procedures and systems consistent with the overall goals of the organization. Click here for additional information on mediation provided by http://www.mediate.com/about/
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