Hon. Edward A. Jerejian, P.J.Ch. (Ret.), Chair, provides dispute resolution services to attorneys and individual parties who are involved in litigation or where litigation has been threatened.

Mediation

Mediation is a dispute resolution process in which a neutral third party, the mediator, facilitates negotiations between parties to help them reach a mutually acceptable settlement, without imposing a decision. The mediator’s role is to facilitate communication and negotiation, helping the parties understand each other’s perspectives, identify common ground, and explore potential solutions. Mediation can be a faster, less expensive, and more confidential way to resolve disputes than litigation or arbitration. It also allows parties to maintain control over the outcome and preserve relationships.

Mediation differs significantly from litigation, which is an adversarial process where a judge or jury makes a decision about the outcome of a case. Mediation can be used to resolve a wide variety of disputes.

Arbitration

In many cases, if the parties are unable to reach an amicable resolution, they may agree to submit the dispute to arbitration. Arbitration is a formal, out-of-court method of dispute resolution in which the parties agree to have a neutral third party, called an arbitrator or a panel of arbitrators, hear their case and make a decision. In other cases, arbitration is governed by a pre-dispute agreement, known as an arbitration clause, where the parties agree to submit any future disputes to arbitration. This typically arises when the parties have previously entered into a contract, operating agreement, or other agreement that requires any disputes to be resolved through arbitration. Arbitration is an alternative to traditional litigation, offering a way to resolve disputes outside the court system. It is often preferred for its speed, cost-effectiveness, and flexibility.

The arbitrator’s decision, known as an “award,” is generally binding on the parties and can be enforced in court. Parties may seek to confirm or vacate (overturn) the award on narrow statutory grounds. Arbitration can be more flexible than litigation, allowing the parties to tailor the process to their specific needs. While the discovery process in arbitration is generally less extensive than in litigation, parties can still obtain documents and information from each other. Additionally, arbitration proceedings are typically confidential, unlike court proceedings, which are public. Arbitrators are typically experienced professionals, often retired judges or attorneys, who are selected by the parties or an arbitration institution.