Mediation

Mediation is a non-binding, informal settlement process facilitated by a private mediator or through the courts.  The process is private and confidential.  The mediator cannot be called as a witness in any subsequent litigation and any settlement offers made during the conference are not admissible in court.

Many mediated cases result in the resolution of all outstanding issues.  When a settlement is reached, a post-mediation agreement is signed by the parties and by the mediator to confirm the mutually agreed-upon terms.

WHY MEDIATION WORKS

• Meaningful negotiations between parties may not ever take place without the assistance of an experienced and skilled mediator.  The mediator controls and directs the communications, which make the forum a productive and safe environment. Parties often lack essential negotiation skill or may be interested in “posturing” rather than in resolving disputes.
• Mediation provides an opportunity for all parties to meet at the bargaining table for the sole purpose of discussing settlement.  The parties are able to focus their full attention on resolving the dispute.
• Mediation offers all parties the possibility of significant cost savings and quick resolution. It is often the case that the risk and expense of trying a case exceeds the potential award.

For further information on this topic or to discuss your case, please contact Richard E. Weltman or Michael L. Moskowitz by telephone, fax or email.

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