Mediation is also an informal alternative to litigation. Mediators are people trained in negotiations who bring opposing parties together and try to reach an agreement or agreement that both parties accept or reject. Mediation is not binding. Mediation is used for a wide range of case types, from juvenile crimes to federal government negotiations with Native American tribes. Mediation has also become an important method of dispute resolution between investors and their investment dealers. See Securities Dispute Resolution. Although the two most common forms of alternative dispute resolution are arbitration and mediation, there is almost always an attempt to resolve a dispute first. This is the exceptional way to resolve disputes. Negotiations allow the parties to meet to settle a dispute.
The main advantage of this form of dispute resolution is that it allows the parties to control the process and settlement themselves. In mediation, a single neutral mediator is chosen to facilitate discussion between the parties so that they can reach an agreement on the settlement of the dispute. The mediator does not judge or make decisions, although he can propose creative solutions. Although mediators in this area are often former judges, they usually do not give legal advice or opinions on the position of either party or solutions. New York State`s Unified Court System provides parties with access to free or discounted mediation and other ADR services in family law, general civil and commercial litigation. These services are available in many courthouses and community dispute resolution centers in nearly every 62 boroughs of New York State. The Honourable Justice Katherine Dupuis (Retired) focuses her practice on mediation and arbitration, with a particular focus on commercial disputes, estate mediation and divorce mediation. Formerly presiding judge of the Chancery, Estates and Family Divisions of the Supreme Court of New Jersey in Union County, she brings wealth and knowledge gained during 27 years of service in the civil, family and criminal divisions of the Union County courts.
Judge Dupuis has presided over testamentary disputes, disputes over the transfer of assets before and after the death of a deceased, disputes arising from divorce proceedings, as well as shareholder derivative actions, real estate disputes and company valuations. Although the hearings are public, mediation remains strictly confidential. No one other than the parties to the dispute and the mediator(s) know what happened. Confidentiality in mediation is so important that, in most cases, the legal system cannot force a mediator to testify in court about the content or progress of mediation. Many mediators destroy the notes they took during mediation once this case is settled or otherwise closed. The only exceptions to this strict confidentiality are usually child abuse or actual or threatened criminal acts. Summary Jury Trials (SJT): In this adversarial dispute resolution procedure, each party presents their case to a jury in an abbreviated form. The jury then makes a decision that is only advisory, unless the parties request that it be an enforceable decision. A summary jury trial gives the parties a taste of a possible verdict if the case comes to court.
SJTs are available in limited jurisdictions. In arbitration hearings, all parties testify either in writing or through witnesses before neutral decision-makers, the so-called arbitrators. The arbitrators then decide on the outcome of the dispute. Arbitrators are chosen by the parties or appointed from a pre-selected list. As in court, the parties must present written and oral evidence. However, proceedings are informal and often take place in a conference room rather than in court. The parties to the dispute are not involved in the design of their own solution, as in mediation, but allow themselves to be forced to find a solution by the arbitrators. Arbitrators typically adjudicate a case by a written decision or arbitral award following arbitration hearings. In arbitration, a neutral third party listens to the parties` evidence after a limited discovery and makes a final, binding decision that is binding in court. The arbitrator is often a lawyer who is not affiliated with the parties or the case, but who is not always a lawyer; Sometimes arbitrators are retired judges, accountants, professors, or other professionals. The advantage of arbitration is that there is a relatively faster solution because discovery is limited, there is no jury trial, and appeals are severely restricted. However, the same reasons that make arbitration faster than litigation also mean that parties have fewer opportunities to discover the other party`s evidence before the hearing, waive the right to a jury, and have extremely limited grounds for appeal, and will be forced to live with virtually all arbitration decisions.
even if they are wrong. Our lawyers have resolved many issues in binding and non-binding arbitrations in various areas of activity, from incorporation to appointment, and have an important track record. Mediation: A neutral person, called a „mediator“, helps the parties find a mutually acceptable solution to the dispute. The mediator does not rule on the case, but helps the parties communicate so that they can try to resolve the dispute themselves. Mediation can be especially helpful when family members, neighbours or business partners are arguing. Mediation may be inappropriate if one party has significant power or control over the other. More information on mediation Our lawyers have represented many companies and individuals in mediation and arbitration. Despite the fact that results in mediation are often faster and cheaper, our lawyers never forget that results are just as important as in court proceedings.