Alternative Dispute Resolution Services
Mediation:
Mediation is the coordinated negotiation of a dispute, conducted by an experienced mediator who works with all parties involved to identify the issues and guide the parties to a resolution that responds effectively and fully to their respective interests and concerns. The neutral mediator works through a confidential process in which the parties participate in private discussions to resolve the conflict. The mediator helps each side understand the strength of its case and any inherent weakness. The art of the negotiated resolution lies in presenting those strengths and weaknesses in a balanced manner for appreciation by all parties to the dispute. Unlike a court trial, mediation offers the flexibility to fashion a unique solution to each case. Confidentiality encourages openness and candor, which ultimately leads to improved communication and sharing of divergent perceptions. Mediation can be modeled to the needs of each case, reducing tension and increasing the satisfaction of the parties with the process and with the ultimate outcome.
Neutral Evaluation:
Early neutral evaluation occurs when one or more of the parties in a dispute seeks an outside authority for an opinion about their case. The evaluator will present a non-binding analysis of the case or address individual issues such as liability, damages or other matters. An evaluator’s perspective can help those in the dispute reach an agreement or lead to further negotiations between the sides. Although the evaluation can be used at any time in a dispute, it tends to be most useful at an early stage, before the court process is underway, providing a “reality check” for the parties without the formality of an arbitration or settlement conference. In neutral evaluation, each party makes a written or oral presentation to the neutral, who then offers an evaluation of the dispute, not a decision. The evaluator may provide a confidential written opinion about the strengths and weaknesses of each party’s position. When the case is evaluated, issues of fact and law are identified and discussed, and the theories of each side can be addressed and examined by the neutral. It is a useful tool in helping attorneys predict how a judge or jury will decide certain issues, or the case as a whole and allows the parties and their attorneys to consider the risks and expenses of moving forward into protracted litigation with the benefit of an independent view.