MEDIATION SERVICES

Our highly-qualified mediators have unparalleled experience to better serve you.

IST 17790 05530
 

Mediation Process

Disputes come in various forms; generally, one party is aggrieved by another and wants to be made whole. We encounter mediations pre-suit, on the eve of trial and everything in between. Each case is different, and mediation can be used at any stage with all or some of the parties and claims involved.

When a party is interested in mediation, they should suggest it to their opposition. Most mediations are voluntary, some are court ordered.  If voluntary, the parties either agree on a neutral or reach out to Alaris to inquire about a neutral with a specific background or knowledge relevant to their dispute. The Alaris website also allows clients to search by type of dispute resolution, location and subject matter.  Once a neutral has been agreed upon the parties will need to determine in person vs. on-line, how the billing will be split and a date and time to schedule said mediation. Most parties submit a confidential mediation statement and associated documents to the mediator in advance. These statements tend to be concise offering the mediator an accurate picture of any demands or offers that have been made, a factual and legal analysis of their position and where the case stands procedurally.

Once the mediation commences there are various ways to begin. Some will begin with an opening statement during joint session. Others will forego a joint session and will caucus independently.  The mediator will then speak with all parties separately to assist them in facilitating a joint resolution. Discussions are confidential and the mediator will not disclose information the parties wish to keep private. If the mediation is in-person, the parties will remain in separate conference rooms. If the mediation is on-line, the mediator will create breakout rooms which are virtual conference rooms.  Confidentiality is ensured by the nature of the process; in addition, the parties sign a mutual agreement to mediate in good faith and follow all applicable state laws.

Mediations can last anywhere from an hour to several sessions over the course of many weeks or months. It really depends on the case and the needs of the parties. Some matters require the parties to do ‘homework’ prior to an additional mediation session. When the parties settle their dispute, a mediation settlement agreement is drafted and signed by all parties.

Mediations can take place at any of our locations with state-of-the-art conference rooms,
or remotely using our safe and secure videoconferencing platform. 

Our highly skilled mediators are dedicated to the entire mediation process, from reading the written statements to final execution of the settlement agreement. 

 

Mediation benefits:

• Confidentiality
• Voluntary
• Convenience
• Control over outcome
• Broader remedies available, not always monetary
• Relationship preservation amongst parties

Want to learn more?

Please contact us for a sample order of appointment for your litigation.