About Mediation

What is Alternate Dispute Resolution?

Alternative dispute resolution (ADR) has greatly expanded over the last several years to include many areas of the law. Mediation has become an important first step in the dispute resolution process.

Arbitrators and mediators have an important role in resolving disputes. Mediators act as neutrals to reconcile the parties differences before proceeding to arbitration or litigation.

Arbitrators act as neutral third parties to hear the evidence and decide the case. Arbitration can be binding or non-binding.

Mediation comprises of a voluntary act by two parties in a dispute to reach some type of agreement through ADR. Essentially, it is a dialogue in which a (generally) neutral third party, the mediator, using appropriate techniques, assists two parties to help them negotiate an agreement, with concrete effects, on a matter of common interest. More generally speaking, the term "mediation" covers any activity in which an impartial third party (often a professional) facilitates an agreement on any matter in the common interest of the parties involved.

Arbitration is a legal technique for the resolution of disputes outside the courts. The parties to a dispute refer it to one or more persons (the "arbitrators" or "arbitral tribunal"), by whose decision (the "award") they agree to be bound. The term is also used to refer to non-binding arbitration, a process in which the final award does not bind the parties.

Arbitration also provides the parties with the freedom to choose the person who will be deciding their case. Needless disruption of work schedules can also be eliminated by avoiding the necessity of multiple court appearances. Sensitive issues, such as unreported income, can also be addressed in Arbitration, with care.

Our firm is privileged to have two attorneys trained in mediation skills. As qualified R 1:40 Mediators, they have assisted the Court in resolving litigations.

For more information, contact us at info@hjslawoffice.com