What is Mediation?
Mediation is a structured, formal negotiation process in which the parties enlist a trained neutral mediator to help them resolve a dispute on their own terms. Unlike judges, arbitrators or juries, mediators do not make binding decisions that are imposed on the parties.
Instead, mediators facilitate discussions, explore possibilities and educate the parties on the relative strengths and weaknesses of each side of the dispute. It is often the fresh perspective of an impartial mediator that provides the crucial insight necessary to convince disputants to reconsider their respective “lines in the sand” and move towards a negotiated resolution that is acceptable to each side.
Advantages of Mediation
Mediation offers many advantages to disputants. Because the parties control the outcome, it allows them to craft resolutions that meet their mutual needs. Unlike court imposed decisions, at mediation the parties have the opportunity to avoid having to face the worst-case scenario of being on the losing end of a “winner- take-all” decision.
Mediation also affords the parties the most privacy: while court proceedings and judgments are public records that can be searched by anyone and can adversely affect one’s credit rating, mediated agreements can be coupled with confidentiality terms when privacy or credit preservation is a concern.
One of the major drawbacks of litigation is how expensive it is. Perhaps the best thing about mediation is that it is by far the most cost effective method of resolving disputes, often costing a tiny fraction of the typical litigated case.
Approach to Mediation
Marc Geffen is trained and experienced in both facilitative and evaluative mediation techniques and customizes his approach to each mediation to meet the needs of each particular case. He undertakes to gain a thorough understanding not only of the issues, facts and laws that are in play, but also the players themselves and the roadblocks that are preventing them from reaching a sensible, negotiated resolution.
- Commercial Transactions and Business Disputes
- Personal Injury Cases
- Real Estate and Construction Disputes
- Probate Matters
- Landlord-Tenants Disputes