Mediation and Alternatives to Resolving Disputes

Alternative Dispute Resolution (ADR) is the concept of resolving disputes other than through a bench or jury trial. 

The resolution of business disputes increasingly occurs outside the courthouse. Barrett McNagny's attorneys have extensive experience in alternative dispute resolution formats such as arbitration, mediation, and mini-trials.

Mediation is a way to resolve disputes before a judge or jury makes the final decision. More often than not, cases can be settled during a mediation session with a skilled mediator. Based in part on the success rate of mediation, many judges will not give the parties a trial date before they have gone through the mediation process. Here is how mediation generally works:

1. Both parties agree to use a mediator to resolve their dispute. 
2. A date for a mediation session will be scheduled.
3. A few days before the scheduled mediation date, each party submits a confidential mediation statement, which explains its side of the story to the mediator.
4. At mediation, each party will have its own room. The mediator will carry messages between the rooms and discuss the strengths and weaknesses of the relevant arguments with the parties.
5. The goal of the mediation session is to produce a settlement. Assuming a successful resolution is achieved, prior to the end of the session, an agreement is drafted by the mediator and signed by all parties. This agreement is binding and enforceable in a court of law.
6. The parties inform the judge that the case has settled, and once payments are made and any other necessary documents are executed, the case will be dismissed.
7. The mediator will send out a bill, which is typically split evenly between the parties.

Barrett McNagny has its own mediation center and attorneys experienced with solving commercial disputes.

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