Mediation can be used as an alternative dispute resolution method for most types of disputes. Although there are cases where mediation won’t be the best option, for example, where there is bad faith, it remains the alternative dispute resolution choice of many.
These days more and more matters are resolved through mediation. Many courts refer matters to mediation as part of the litigation process. But you do not need to wait for a judge to refer your matter to mediation. Silverberg Law Firm offers expert mediation services on a wide range of disputes at any stage of the process.
Mediation is becoming very popular in the following dispute areas:
- Business Law
Mediation is a cost-effective way for businesses to resolve disputes between businesses or between a business and consumers. Litigation is lengthy, expensive, and public. It is often in the best interests of both parties to find a quick and private resolution.
- Contract Law
No matter how detailed your contract, there always seems to be room for more than one interpretation, or situations that were not foreseen. Claims around the interpretation of the contract or breach of contract can be successfully mediated without litigation. Parties can sit around the table and discuss the alleged breach or disagreement with the mediator and come up with remedies to resolve the issue.
- Real Estate Law
Mediation can be used to resolve a range of real estate issues, such as tenant/landlord disputes, real estate title contests, building plan objections, and so on.
- Personal Injury Law
In many personal injury cases, parties are open to settle instead of going through a lengthy civil lawsuit. Personal injury lawsuits can carry on for months with claimants wanting the best financial compensation whilst defendants fight to protect their reputations and future careers. Private mediation offers an alternative that could serve the interests of both parties.
- Corporate Law
When disputes arise relating to the rights and obligations of stakeholders in the corporate world it is often highly technical and complex. The corporation itself is a legal entity with its own rights and obligations. Disputes around liability, shareholders, corporate governance, investor ownership, and directors liability are all suitable for mediation. Corporations often prefer to sit around the table with stakeholders and settle disputes through mediation instead of engaging in complex and public litigation.
- Commercial Law
Around the world, parties are choosing mediation to resolve commercial disputes. Disputes with suppliers, customers, and competitors, for example, can be amicably resolved through mediation by a skilled mediator instead of fighting in court.
- Employment Law
The relationship between employer and employee is personal. Mediation is particularly suitable to resolve issues in the workplace. This is especially true if the parties wish to continue with the employment relationship, or want to resolve the issue quickly and with the least impact on the rest of the business.
Resolving disputes quickly and efficiently is important in Insolvency and Bankruptcy cases. Mediation is used for a range of disputes, including negotiations in complex reorganization plans. The mediator will focus on practical issues, and point out the risks of a lengthy and complex trial. Successful mediation can lead to a consensual reorganization plan that suits the creditors and the business. Chapter 11 mediations are becoming increasingly popular as an option to save time and expense.
If you are involved in a civil dispute you should discuss your options with Jay L. Silverberg to decide on the best way forward. Whatever your dispute is about, skilled mediation can probably offer a resolution. Mr. Silverberg is the founder of Lex Mediation Services, Inc., and is a seasoned and skilled litigator and mediator in business, bankruptcy, personal injury, divorce and family law. For more information, please see www.lexmediation.com.