Our roster members have expertise in a variety of practice areas including;
Real Estate and Property
Corporate and Commercial
Employment Disputes
Matrimonial Matters
Construction Disputes
Wills and Estates
Professional Liability
Personal Injury
Insurance Disputes
Municipal Liability
Contract Disputes
We offer the following services
Mediation
Mediation is usually based on the party’s interests; not their positions or their rights. The goal of the mediator is to assist both parties in resolving their dispute by finding a solution that works best for the parties. The mediator is thoroughly neutral and the process is voluntary.
As a facilitator, the mediator works with the parties to identify their wants and needs. The mediator may provide an evaluation of the party’s respective legal positions, based on the law and the evidence in order to assist the parties in arriving at a resolution. The mediator is trained to facilitate a conversation between the parties to ensure that respectful and fulsome discussions occur during the mediation. As the parties communicate with each other, they speak directly and not through the lens of their lawyers. They are not bound by the limitations of the rules of evidence.
The parties’ interests are assessed by the mediator who is skilled in directing the parties to a common ground and resolution. Mediation is nonlinear. Discussions can be free flowing and given the circumstances at that time, some issues can be put on hold while others in the agenda are discussed.
Unlike arbitration, the parties themselves are responsible for coming to their own resolution with the guidance of their mediator.
Arbitration
Arbitration is similar to mediation in that the process is voluntary and the individual who facilitates the process, the arbitrator, is a neutral party. Unlike mediation, however, the arbitrator makes the final decision.
The parties will retain one of our qualified and certified arbitrators who will make decisions in regard to the evidence (with the rules of admissibility determined in a pre-arbitration hearing) and the current state of the law in regard to the issues in dispute. In many cases, arbitration has been called a “private court”. Parties choose the arbitrator themselves; usually someone who has valuable experience in the particular issues in dispute.
In arbitration, the arbitrator’s decision is not public and is never reported. The evidence in the hearing is not public and the actual hearing is private and, in most cases, not recorded. One of our panel members will assist the parties by resolving the issues in dispute on a private basis and without the time and expense of protracted litigation.
Generally, the arbitration process begins with a pre-arbitration whereby all parties and their lawyers participate. The purpose of the pre-arbitration hearing is to identify the issues in dispute, the anticipated witnesses and to make full disclosure of relevant documents and expert reports, if available.
The arbitration award is binding by both parties pursuant to their arbitration contract and can be converted to a Court Order, if necessary.
Arbitration is an ideal process in cases where the parties wish to have their income, assets or business affairs remain private.
Assisted Negotiation
Assisted Negotiation is different than mediation and/or arbitration in that a neutral facilitator, selected and retained by all the participants involved in the negotiation, directs the parties towards reaching their own agreement. This method works best for parties who are ultimately looking to resolve their own issues, with little intervention from the neutral facilitator.
The facilitator will begin by establishing ground rules for the conduct of the negotiations that all parties must agree to the ground rules before participating in the process. The facilitator will then help the parties think in terms of interests, not positions, monitor the quality of the dialogue and help problem solve as disagreements arise.
Ultimately, the role of the facilitator is to assess the issues for the parties, help brainstorm possible solutions and, most importantly, assist the parties in reaching an amicable solution.
Mediation-Arbitration
Mediation-arbitration is a process whereby the parties select a facilitator, who will begin the process as a mediator. If there are any issues the parties are not able to resolve following mediation, the facilitator then steps into the shoes of an arbitrator and will convene a hearing to resolve any remaining issues. The arbitrator’s award is binding on the parties.
Parenting Coordination
Parenting Coordination is often used in high conflict custody or access cases. Our Parenting Coordinators are neutral third party professionals who use child-focused methods to resolve disagreements between parents.
Parenting Coordination is particularly useful when parents have difficulty communicating with each other about their children; there are concerns of drug use, alcohol abuse, child abuse or the stability of a parent; parents need assistance in making changes to their Parenting Plan as children get older or circumstances change; and other methods of dispute resolution have been unsuccessful.
Our Parenting Coordinators will help the parties implement their Parenting Plan or make minor changes to the Parenting Plan already in place. If there is a disagreement with respect to the Parenting Plan, the Parenting Coordinator will mediate the matter and help the parties communicate in an effort to reach an agreement. If no agreement is reached, the Parenting Coordinator will make a binding decision in the best interests of the children.
Early Neutral Evaluation
Early Neutral Evaluation (ENE) is an informal, confidential, non-binding form of alternative dispute resolution, conducted without prejudice, in which parties to a dispute engage the services of an experienced, independent evaluator to provide an evaluation on the issues and the likely outcome in the event the dispute proceeds to trial.
The primary purpose of ENE is to reduce litigation costs by promoting early, candid discussion between the parties. It provides each party an early opportunity to present their position and to hear the position of opposing parties. It offers each party a brief, impartial, confidential and objective assessment of the relative strengths and weaknesses of their positions, and the overall value of the case at an early stage in its development.
ENE is most effective if undertaken before adversarial attitudes become entrenched. It provides the parties an early opportunity to negotiate settlement with the assistance of the skilled neutral evaluator. It can be a valuable aid to settlement where parties have substantially conflicting expectations of the outcome of their dispute. The evaluator’s objective assessment forces the parties to confront their respective positions at an early stage.
ENE can be combined with mediation. If parties involved in a mediation are unable to reach agreement, they can request that the mediator provide an evaluation of the merits of the case. Provided there is provision for that step in the mediation agreement, conversion of the mediation into an ENE is seamless. The evaluation resulting from the ENE might soften party positions and move them toward resolution.
today to schedule an ADR session.