We also handle mediations. These may seem similar to arbitrations, but they are actually quite different. Mediation is a settlement negotiation facilitated by a mediator. They do not decide the case like an arbitrator would, but instead enables discussion between parties and may comment on the strengths and weaknesses of each party’s position. If a settlement occurs during mediation, it is because both sides agree to settle; the mediator cannot require a settlement.
Most of the time, this mediator is a lawyer or retired judge. They need to be impartial, credible, a good communicator and a good judge of people. A skilled mediator can facilitate a settlement between even the most distrustful and hostile of adversaries.
Mediation often occurs in conjunction with arbitration, litigation, or both. A contract or the Court Rules may require the parties to attempt to settle their dispute through mediation before submitting the case to an arbitrator or court. Often the parties will voluntarily submit the case to mediation. Our team has considerable experience handling mediations.