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Alternative Dispute Resolution Services |
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At their most
basic, mediation and arbitration are alternative means by which parties to
what is, or what would be, litigation in the Courts, can resolve their
disputes. As a mediator, attorney John R. Foley applies his 38 years and
wealth of practical firsthand experience and education to explain to parties
the likely results of litigation and the benefits of settlement, and to help
negotiate a fair and just agreed-upon settlement between the parties. As an
arbitrator, Mr. Foley applies that same experience to make fair and just
binding decisions on either specific case issues, or a complete resolution to
a given dispute. Mr. Foley ensures that both parties are afforded the chance
to explain their case in detail, and argue the merits of their claims and defenses,
a setting that is far less formal and stressful that trial in Court. Mediation Mediation (sometimes called “facilitation”) is an informal
dispute settlement process. Mediation is intended to bring two parties
together to clear up misunderstandings, find out concerns, and reach a
resolution. The process is voluntary, although it may be urged by the Court
During the mediation, each side will present its view of the issue, and the
mediator will work with each side in a caucus to attempt to work out a
settlement. At the end of the process, the mediator can present his or her
findings and present a potential solution to the issue. The mediation
process, unlike arbitration, is non-binding; that is, the mediator does not
impose a decision on the parties, but he/she attempts to present a solution
that is acceptable to both parties. Mediation can be used in divorces, real
estate, bankruptcy litigation, labor bargaining, and almost all forms of
civil dispute. Unlike arbitration, mediation is not binding on the parties. Arbitration Arbitration is the process of bringing a dispute before a
disinterested third party (the "arbitrator") for resolution. The
arbitrator hears the evidence brought by both sides and makes
a decision. Generally speaking, that decision
is binding on the parties. Arbitration is a form of alternative dispute
resolution (ADR), used in place of trial before a judge or jury; so as to save the cost and time of going to court.
Arbitration is binding. In arbitration, the parties agree that the ruling of
the Arbitrator will be controlling, whether or not
one party is happy or unhappy with the result. Arbitration is often confused
with mediation, which is an informal process of bringing in a third party who
goes between the disputing parties to help them settle a dispute. Unlike
mediation, arbitration is binding on the parties. Scheduling a Mediation or Arbitration To schedules a mediation or arbitration with John R. Foley, speak
to your attorney, or, if you are not represented, call the office at: (313) 274-7377 |
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