Nathan Schwartz Attorney/Mediator

No. Mediators are required to be neutral. They can advise on legal issues in general, such as whether a resolution option is legal or whether something is procedurally accurate, but they cannot offer advice or help either party in favor of the others involved. It is possible to have legal representation during mediation if you feel you will need legal advice, but you should be upfront about bringing an attorney to mediation so other parties have an opportunity to do the same and do not see your decision to work with an attorney as aggressive and/or closed-minded.

Business is one of the most effective legal areas in which mediation occurs. It is important for many business conflictsbecause it allows parties to reach an agreement that is amenable and agreeable to all involved and protects mutually beneficial business relationships. The process brings together all who are involved in the dispute to discuss the benefits of using mediation for resolution and to discuss all possible outcomes. Then they negotiate to an end that satisfies everyone.

Yes, you can use mediation before a lawsuit has been filed. Mediation is actually one of the best ways to prevent a lawsuit and resolve the matter more efficiently and fore less time and money. One of the jobs of a mediator is to make sure disputing parties understand the benefits of resolving the dispute in mediation and avoiding the expense and hassle of moving forward with other dispute resolution methods.

Yes, and in some cases, the judge will order you to attempt mediation before moving forward with litigation. However, just because you can go to mediation does not mean it will be successful. It all depends on the parties involved. The longer a dispute has gone on for the more likely parties are to know exactly where they stand and have “dug in” on their side. On the other hand, they also understand what the conflict has cost them and tend to be more eager to resolve things and move on.

Different mediators conduct mediations in different ways, but in general, the mediation process typically includes: ·Opening statement by the mediator that explains the goals and rules of the mediation and encourages everyone to work cooperatively toward a settlement. ·Opening statements from you and the other parties involved in the dispute ·Joint discussion facilitated by the mediator ·Private caucus between the mediator and each party ·Joint discussion concerning the issue, but only in some cases ·Closure, which includes the mediator presenting the decisions made in writing and having each party sign in

Yes, in most cases ADR is confidential. This not only means that the process is not public, as it would be in the courtroom, but the outcome can also be confidential. In mediation, parties can agree in advance how private things will be. Furthermore, the discussions held during the ADR process cannot be used against parties should the mediation or arbitration be unsuccessful and parties need to go to court.

Mediation and arbitration are both forms of ADR but they are quite different. In mediation, the disputing parties remain in control of the process and the outcome. In arbitration, a third-party makes a ruling, but the process is less formal and more efficient than litigation. The primary difference between the two is the amount of control disputing parties has in the process and the outcome. Mediation provides the highest level of control, flexibility, and oversight.

If ADR is unsuccessful parties are still permitted to pursue litigation. In some cases, the judge orders an ADR attempt before litigation can proceed. In other cases, litigation has not even begun when mediation is attempted. Parties can agree in advance on what the method of resolution will be if an initial attempt at ADR fails provided a judge has not already made that determination. In any case, failed ADR leaves you no worse off than had you headed straight to litigation.

There are many paths to resolution in a business dispute. You can negotiate the dispute with the other party or parties without ever taking any legal action. You can participate in mediation either before legal action has been taken or once a lawsuit is in action. Arbitration is also an option, which brings in a third-party to oversee and rule on the dispute but without exhausting the time, money, and other resources that occur in litigation.

Whether or not ADR is a good option for a business varies from situation to situation, but more often than not keeping a dispute out of litigation is beneficial for everyone involved. ADR tends to be more efficient and less expense. It makes it less complicated to resolve disputes and can make it possible to protect mutually beneficial business relationships. In some cases, it even allows the disputing parties to remain in control of the resolution.