In Support of Mediation

Posted on: May 14th, 2015

Grefe Sidney, as a natural extension of its litigation practice, offers mediation and arbitration by an unbiased neutral as a part of its legal services to clients.  Grefe Sidney litigators often are called upon to represent our clients in Mediation/Arbitration as advocates.  We also offer the services of two of our members to serve as the non-biased and independent mediator/arbitrator who are trained to assist the parties in reaching mutually acceptable results.

Mediation puts the decision making into the hands of the parties who know, or have a means of knowing, what actually happened.  It allows the decisions to be made in an atmosphere of greatly reduced stress.  It is divorced from the concept of “victory” or “loss” but is conducted in an arena of “agreement.”  It is conducted in a “cooperative” atmosphere rather than an “adversarial” one!  It is a peaceful process, one of making peace between the parties.

Trials often take the best part of a week; mediations are usually done in a day or less. Trials and appeals can take years.  When successful, arbitration usually leads to complete resolution in a week or two.

Mediation is successful (85% to 90% of all matters submitted to mediation resolve) partially because the parties know that there are juries and Judges who will eventually resolve their disputes if they cannot.  And that, in its self is impetus to agree because a great deal of uncertainty accompanies submission of disputes to strangers to resolve.  It is efficacious because the result is one to which the parties have agreed!

Under certain circumstances, a date certain for resolution, one upon which the parties can depend, may be impossible to obtain from the court.  With mediation and arbitration, the parties and their counsel select a time and date for resolution, engage a mediator who is also pledged to proceed at that time and resolve the matter in that time frame!

With the advantages of reduced cost, expedited time, reduced stress, reduced conflict and self-determination the process commends itself for consideration by all engaged in the dispute resolution process.  It most frequently results in satisfied parties who have peacefully resolved their dispute in a manner and time frame dictated by them.

Henry A. Harmon, a former Partner and currently Of-Counsel with the Firm has been trained and certified by the American Academy of ADR Attorneys.  

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