Mediation

Mediation is regarded as the most popular ADR process, because a significant percentage of cases are resolved under the cloak of confidentiality. The privacy of the process enables parties to generate options that may resolve the conflict to their mutual satisfaction and in a manner not possible in a trial. Managed by an impartial, trained mediator, with subject matter expertise, the process may be initiated by either party, a court or suggested by a third party at any time during the life of a dispute from pre-suit, throughout litigation, even when the case is on appeal. The mediator is permitted to engage in ex parte communication with individual parties and their counsel, whether by telephone or in a meeting called a caucus. The mediator does not make a decision or award, but assists the parties in finding their own solution that they intend to be contractually binding. For very large, complex or multi-party cases co-mediation may be desirable. Although there is some additional cost, the benefits often out-weigh the expense.