Services

Mediation/Arbitration

Mediation/arbitration (often referred to as Med/Arb) is a process in which the parties first attempt to resolve issues in mediation. If they are unable to reach a mediated agreement, the mediator will then become the arbitrator and make a decision on any unresolved issues. It is important that everyone understand in advance exactly what the process will be and how unresolved issues will be decided.

Mediation

Mediation is a voluntary structured process whereby a neutral third party assists the disputing couple in reaching a mutually agreeable and reasonable solution to the identified issues. The mediator’s role is to facilitate the discussion, provide options and assist in defining and clarifying issues and examining and evaluating options. The mediator assists the couple in reaching an agreement that best fits the couple’s particular circumstances and situation.

Arbitration

Arbitration is a process in which the parties submit the issue(s) to a neutral third party who makes a decision on each issue. In an arbitration proceeding a party may appear with or without legal counsel. The mediator does not represent either party or both of the parties. The mediator cannot give legal advice to two parties to a dispute. Also, the mediator’s role is not to tell the parties what to do, but to help the parties work out their own solution. If the parties want to be told the answer, then they should consider the arbitration option.

Settlement

A settlement conference is a mediation process in which the parties attend with their attorneys (if they are represented). The parties and their attorneys are generally in separate rooms. Offers are conveyed between the parties, as well as the mediator's view as to the strengths and weaknesses of their case and the likely outcome at trial.