THE MEDIATION PROCESS
Mediation is a non-binding process and most often voluntary from the standpoint of participation by the parties involved in a dispute. It is designed to promote control by the parties themselves in the ultimate outcome of their dispute. Confidentiality of the mediation process is protected by statute and the written agreement between the parties to promote settlement through the open and honest exchange of information.
Our mediators typically begin the process with a joint session attended by all parties and their counsel or representative. The joint session provides an opportunity for the neutral to explain the process to the parties themselves and for counsel to present their positions with regard to the facts, evidence and applicable law.
The joint session is followed by a series of private meetings between the mediator and each side to clarify positions, share additional information and develop settlement proposals with points of emphasis.
Through the open sharing of information and settlement proposals with the assistance of a third party neutral, our approach has resulted in a success rate over 90%. In cases where settlement has not been achieved by the end of the scheduled session, our mediators will often suspend negotiations and continue to work towards resolution through follow-up via telephone or additional mediation time.
THE ARBITRATION PROCESS
Arbitration is most often a binding process which includes a hearing at which each party to the dispute, through their counsel or representative, presents to the arbitrator both evidence and oral argument to support their respective legal claims and defenses. While more informal than the trial process, an arbitration hearing typically consists of opening statements, direct and cross-examinations of witnesses, submissions of non-testimonial evidence (in exhibit form) and closing arguments by each side. A written decision or award is then rendered by the arbitrator or panel within a time period and upon the terms designated in the arbitration agreement.
The information on this page is intended to familiarize participants with both the mediation and arbitration services offered by our company and its panel of neutrals, as well as the methods and procedures applicable to each process. We have also provided recommendations to help you maximize their efficiency and effectiveness in achieving a fair resolution to the dispute either through non-binding mediation or binding arbitration. The rules applicable to each process are contained in our agreements below.