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Business Conflicts Mediation

Practices

The dictionary defines mediation as “a process for bringing about agreement or reconciliation between opponents in a dispute. Mediation implies deliberation that results in solutions that may or may not be accepted by the contending parties.”

When a lawsuit or pre-suit dispute is diverting your focus and resources away from running your business, it may be worth considering whether the parties can, with the help of a skilled facilitator, reach a resolution before awaiting a far-off trial date. Mediation is a cost-effective approach to resolve disputes and quite often results in a final disposition of the case. When settlement is not possible, mediation is a tool to help the parties narrow down the disputed issues and identify potential pitfalls of their own case as well as that of their opponent.

Many of our experienced litigators are trained, skilled mediators. Not only does this skill set serve them well when they advocate on behalf of clients in voluntary or court-ordered mediation, but they are often sought out by other attorneys in the legal community to serve as neutral mediators in a variety of matters. These include facilitating employment disputes, domestic cases, personal injury cases, probate disputes, will contests, and construction matters. Mediation is particularly valuable in cases where parties have an ongoing relationship, but are beneficial in almost every situation.

An experienced neutral can deliver not only the ability to facilitate dialog and negotiation between parties who may be entrenched in their positions, but to bring a new perspective to participants who may not fully appreciate the less tangible risks of litigation. Through a variety of mediation techniques, mediation can help advance each side’s objectives.

As neutrals, our mediation attorneys strike the proper balance between allowing the parties to express their concerns and frustrations while facilitating a respectful dialog designed to bring a case closer to closure. A mediator can help the parties address monetary settlement issues, identify non-monetary areas that can further resolution, and help the parties identify relevant terms of a settlement agreement that might not have been evident to parties mired in controversy.

In addition to non-binding mediation, many of our attorneys are experienced arbitrators who are called upon to decide the outcome of disputed cases, and in particular, securities litigation disputes. One of our attorney’s was called upon by FINRA to train the individuals who serve as arbitrators for FINRA the largest arbitration forum in the country. As such, he is uniquely qualified to mediate disputes in this specialized area of practice.

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