Mediation

Mediation is simply negotiation with a referee, preferably an unbiased, knowledgeable consensus builder who can call time out when necessary, provide information as to judicial policies, alternative outcomes and the requisite disclosures, and help both parties reach appropriate compromises. Resolution of issues by mediation requires the concurrence of both parties rather than a decision imposed upon either of the parties by a mediator, arbitrator or judge. It is often a mandatory prerequisite to litigation by Court order, but the process is confidential regardless of the outcome.

Members of the firm can serve as mediators or as counsel representing a party before a mediator. Once hired as a mediator, that attorney cannot then be retained to represent either party should the mediation fail. If hired as counsel, the failure of mediation does not preclude the attorney from continuing to represent the client in arbitration or litigation.