Many disputes these days are resolved through Alternative Dispute Resolution(ADR) rather than the court system.
Mediation is one legal technique for the resolution of disputes outside the courts. The parties to a dispute refer it to a third party mediator. Unlike arbitration, mediation does not involve a binding decision on either party. It is a settlement technique in which the third party encourages the parties to negotiate a settlement. That settlement may or may not be reduced to writing that is legally binding for both sides.
The process of mediation is more like that of a settlement discussion than a trial. The mediator’s role is to inquire of the strengths and weaknesses for both sides and attempt to find a negotiable solution to the dispute.
I offer the following services associated with mediation, including:
* Counseling regarding the appropriate choice of dispute resolution mechanisms.
* Drafting of proper mediation and ADR clauses.
* Determination of the appropriate mediation forum and terms.
* Enforcement of mediation agreements.
* Selection of mediators.
Visit my arbitration page for more information about the arbitration process.