Frequently Asked Questions
What is the difference between mediation and arbitration?
Mediation gives the parties to a dispute the opportunity to reach agreement to settle their differences. No settlement is imposed upon anyone. Agreement is reached with the help of a skilled facilitator – the mediator. Often the parties are separated while the mediator acts as conduit between them. A more detailed description of mediation, along with the step-by-step process can be found below the “Services Offered” tab on our website.
Binding Arbitration (which lawyers refer to simply as “arbitration”) is a process in which one or more arbitrators make a final and binding decision as to disputed matters on behalf of the parties to the conflict. The arbitrator(s) hold a “hearing” (which is like a trial without a jury) and issue a decision which is usually in writing. A more detailed description of binding arbitration, along with the step-by-step process can be found below the “Services Offered” tab on our website.
How should I prepare for the mediation or binding arbitration session?
To reach the best results, meet with your attorney well in advance of the mediation or binding arbitration session to consider the key matters to be addressed (if you are doing this without a lawyer, ask a trusted friend to help).
Develop a list of the important points you want to get across in the session and analyze your case to establish the best and worst outcomes that may come from a court decision if the case is not resolved.
Put yourself in the place of an opposing party to imagine the concerns of that side in order to better view the strength of your own position.
Finally, determine what you seek as an outcome of the dispute, and also, the minimum — least favorable — outcome you can accept. Be ready, however, to be flexible and to openly and seriously reconsider and reevaluate your analysis throughout the mediation proceedings.
Who took the awesome photos that appear on this website?
The photos of Charles Kahn and of simulated mediation session which appear on this website, were taken by Kevin Harnack, using a Nikon D4 camera. Kevin is a full time professional photographer. Email him at firstname.lastname@example.org for great portraits and other photography.
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