General Questions
We understand that navigating mediation, arbitration, and dispute resolution can bring up important questions. Below are answers to some of the most common inquiries we receive. If you don’t see what you’re looking for, we’re always happy to speak with you directly.
What is mediation?
Mediation is a way to resolve conflicts or disputes using a neutral third party, the mediator, to help people reach a mutually agreeable solution. It’s like having a neutral friend guide a conversation to help everyone understand each other and find a way to work things out. The mediator doesn’t make decisions or tell anyone what to do; they simply facilitate the process and help the parties find common ground.
Mediation can resolve a wide range of disputes, including family law matters like divorce and child custody, business disagreements, and even landlord-tenant issues. It’s a flexible process that can be used at any stage of a dispute, even before or during litigation. Mediation is particularly effective when parties want to maintain a relationship, control the outcome, and define their own solutions.
Mark is available to mediate via Zoom and phone.
How much does mediation cost?
Costs vary based on the complexity of the case and the mediator’s fees. Contact us for a detailed estimate.
How do I prepare for mediation?
- Send a brief position statement for your case to Mark at [email protected] in advance of your mediation.
- Send a list of any and all persons who will be attending the mediation with you (in the event there is an agreement among counsel to permit any person to participate by phone, please let Resolve Mediation & Arbitration, LLC know in advance).
- Discuss your case thoroughly with your client and develop a general idea of your client’s positions, interests and issues. Know what your goals are for the mediation.
- Be flexible and keep an open mind. Start thinking about what you might be willing to give up to achieve your goals in the mediation.
How can I prepare my client for mediation?
Explain the mediation process to your client in advance. If possible, give your client a copy of the agreement for mediation, which explains the mediation process and the confidentiality of mediation. The more the client understands about the mediation process, the more comfortable they will be in negotiating a resolution. To better prepare your client for mediation, you might also read “Maximizing Your Mediation”.
What information should I include in my Position Statement?
- Who will attend the mediation.
- A brief summary of the facts of the case.
- A summary of the parties’ legal positions and a candid assessment of each party’s strengths and weaknesses.
- Any recent developments that may impact the resolution of the case.
- A history of settlement negotiations.
- The present posture of the case (including any depositions taken, trial setting or hearing dates).
- A description of sensitive issues that may not be apparent but will influence settlement negotiations and suggested solutions.
- You could go the extra mile and include a sample jury charge on each issue in your position statement.
Why choose mediation?
Eliminates Uncertainty
Too often, parties believe that litigation is the only way to get the outcome they want in a dispute. While this may sometimes be true, the litigation process often leaves parties feeling that they lack control, are unfamiliar with the process, and get frustrated waiting and thinking about the outcome of their case. Mediation eliminates the uncertainty of having a potentially hostile jury decide the fate of your case. Mediation puts control back in the hands of the parties without having to anticipate what a jury may or may not think of them or their case.
Time
As any experienced litigator knows, the vast majority of cases settle since it can take years for a matter to go to trial. As we struggle with the events of COVID-19 and past natural disasters, the judicial system is severely backlogged, with cases not going to trial for several years. Mediation can also eliminate these stressors and brings the work-life balance back to the parties.
Cutting Costs
Litigation costs can also be a deterrent in litigation. In addition to legal fees, the cost of experts, and depositions, parties have to take time off work and may experience additional worries at both work and home. Mediation is a quick and affordable option for this dilemma which gives the parties the freedom to schedule more efficiently by agreement.
What is Binding Arbitration
Binding arbitration is a dispute resolution process where parties agree to submit their disagreement to a neutral arbitrator whose decision is legally binding and final. This means the parties waive their right to a trial and the arbitrator’s ruling cannot be appealed except in limited circumstances.
Arbitration can resolve a wide range of disputes, including commercial, employment, and consumer matters. It’s often used for contract disputes, breach of fiduciary duty, negligence, and disputes over damages, particularly when parties agree to use it instead of court litigation. Arbitration can also handle construction, international, and even some real estate disputes.
How much does Arbitration Cost
Costs vary based on the complexity of the case and the mediator’s fees. Contact us for a detailed estimate.
How do I prepare for an Arbitration?
Arbitration is a private, structured process where both sides present their case to a neutral arbitrator who makes a final decision. Here’s how you can prepare to make the most of it:
✔ Understand the Process
Arbitration is less formal than court but still follows a structured format. You’ll have the opportunity to present your side, share evidence, and respond to the other party’s claims. The arbitrator will issue a binding decision unless otherwise specified.
✔ Gather Your Documents
Bring all relevant paperwork—such as contracts, emails, receipts, or reports. Organized documentation helps support your position and ensures clarity during the hearing.
✔ Prepare Your Summary
Think through what you want to say. Be clear about:
What the dispute is about
What resolution you’re seeking
Why you believe it’s fair
✔ Know the Rules
Review your arbitration agreement or reach out to us if you have questions about timelines, witnesses, or how the session will be conducted (in person or virtual).
✔ Stay Professional
Be respectful, listen carefully, and stay focused on the facts. The arbitrator is there to ensure a fair process for everyone.
Benefits of Arbitration over court?
Choosing arbitration offers many advantages over traditional litigation, especially for those seeking a more efficient and private resolution process. Here’s how arbitration compares to going to court:
✔ Faster Resolution
Arbitration avoids the lengthy delays often associated with the court system. Most cases are resolved in weeks or months—not years.
✔ Cost-Effective
With fewer formal procedures and quicker outcomes, arbitration typically reduces legal fees and related expenses.
✔ Private & Confidential
Unlike court cases, which are part of the public record, arbitration hearings are private. Sensitive information stays between the parties and the arbitrator.
✔ Flexible Scheduling
Sessions can be scheduled around your availability—including evenings or virtual options—rather than waiting for a court date.
✔ Final, Binding Decisions
In most cases, arbitration results in a binding decision that is enforceable by law—providing closure and reducing further legal action.
✔ Less Formal, Less Stress
Arbitration offers a more relaxed setting while still ensuring a fair and neutral process, helping parties stay focused on resolution rather than legal battles.
The Process For Mediation or Arbitration
1. Initial Contact / Inquiry
The mediator receives an inquiry from one or both parties (or their attorneys). Basic information is gathered to determine if the dispute is appropriate for mediation.
2. Conflict Screening
The mediator assesses for potential conflicts of interest, safety concerns, or power imbalances (especially in family mediation).
The mediator ensures the case is suitable for mediation—not requiring court intervention or another form of resolution.3. Intake Forms & Agreements
Each party is asked to complete a confidential intake form outlining the issues, goals, and relevant background.
The mediator provides a Mediation Agreement (sometimes called a Participation Agreement), detailing:Confidentiality
Voluntary nature of the process
Neutrality of the mediator
Fees and scheduling policies
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4. Scheduling the Mediation or Arbitration Session
Once both parties agree to proceed, a date and time is set. The mediator confirms the logistics: format: virtual, session length, and any required documents.