Mediation

Mediation is a form of alternative dispute resolution (ADR).  It is a method by which to resolve disputes without the need to resort to litigation by working with a mediator who assists parties in negotiating a settlement.  The mediator acts as a neutral third party and facilitates rather than directs the process.  The benefits of mediation are numerous.

The mediation process is far more cost effective and time efficient and thus, can result in a much cheaper and faster resolution than traditional litigation.  Additionally, while court hearings are public, mediation remains strictly confidential.   Mediation further increases the control that parties have over the resolution.  In litigation, the parties relinquish control to a judge and/or jury.  Moreover, sometimes neither a judge nor jury can legally provide creative solutions that often emerge in mediation.  A mediator can help the parties think “outside of the box” for possible solutions to the dispute.  Thus, mediation is more likely to produce a result that is mutually agreeable for the parties.  Furthermore, because the result of mediation is reached by mutual agreement, compliance with the mediated agreement is high.   Parties also often find that they retain the added benefit of preserving their relationship with one another because they see the other party compromising to reach a solution.

Lastly, participation in mediation is usually voluntary.  However, mediation often proves so successful that many courts, including the Commercial Division of the New York Supreme Court, have created mandatory mediation programs requiring the parties to attempt mediation even though they have already commenced litigation proceedings.

As certified mediators we are prepared to mediate disputes and can act both as mediator or counsel for a party to mediation.  We have extensive experience in navigating the mediation program of the New York Supreme and District Courts.  We welcome you to contact us to learn more about the mediation services we provide.

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