 A&F Mediation Services Mediation is an approach to conflict resolution in which the parties are given the opportunity and the help they need to get beyond impasse. Settlement negotiation is facilitated by an independent third party, or mediator, in a voluntary, non-binding and confidential process. This process is useful in addressing not only monetary settlements, but also the underlying emotional issues such settlements often represent. Mediation can help with a wide variety of situations, from workplace conflict to family legal disputes. Beyond simply reducing the risks inherent in litigation or unaddressed conflict, our services have the potential to create hope where there is despair. Often the parties to a conflict had a warm and productive relationship in the past, which has now deteriorated into disappointment and anger. The process of mediation—which is conducted in an informal, yet structured, forum—allows people to trust that they will be heard, which calms the emotional storms and allows the beginning of mutual understanding. When trust is established, the focus shifts from the pain of the past to creative solutions for the present and future. We help parties effectively improve their ability to communicate by identifying the barriers to settlement, and creating solutions that meet the needs of all. Among the areas in which we have extensive mediation experience are: Divorce and Family Law When nothing else has worked, we can help families in serious conflict. The public exposure of going to court is often unthinkable for those who want to preserve family relationships. A great deal of conflict can fester in this area, where divided loyalties, ambivalence and conflict of interest often come into play. Effective mediation can help create workable and durable agreements, and often strengthen the underlying relationships. In divorce cases, as in any family situation, we are responsive to your individuality and committed to providing an environment of kindness and support within which to engage in the difficult work of refashioning an important relationship.
In personal injury cases, the litigation often focuses exclusively on the bottom line of a financial settlement. Mediation, on the other hand, allows the feelings of the injured person to be more directly attended to, which leads to a greater degree of satisfaction in the outcome. Some people regard mediation as offering what tort law seeks to provide: the possibility of restoring the injured party to their condition before the injury occurred. In many cases, over many years, we have seen people able to genuinely achieve closure, leave traumatic occurrences behind them and go on with their lives. We are seeing an increased interest in conflict resolution in the workplace, partly because the cost of litigation over employment issues can be burdensome for companies. Perhaps more important, in every employment situation, there is an investment in productive relationships. Our experience in employment mediation allows us to help parties uncover underlying issues and bring renewed understanding and skilled communication to benefit the interests of each. Families engaged in succession and probate issues often find themselves doing so when they are in a vulnerable state. Even estate planning, which may occur long before bereavement is faced, raises a host of subjective issues in which family members experience conflicting emotional as well as monetary needs. Our work in this area acknowledges the complexity and sensitivity of family relationships, and the difficulties that may exist in acknowledging and expressing each party’s needs. Mediation is especially helpful in these situations, because it offers a safe and confidential process through which to strengthen relationships and forestall future conflict. We have considerable experience with construction mediation, real estate disputes and property issues. These have included many factually complex and emotionally charged cases, often involving multiple parties. With patience and a commitment to resolution, we are able to ensure that all parties’ needs are addressed. Our business mediation experience covers a spectrum of issues, from forming a partnership to dissolution of a partnership, as well as matters concerning commercial contracts. An understanding of what motivates people is an essential part of mediating financial and business conflicts, just as it is in personal disputes. Mediation is able to address the expectations and needs that are written into a contract or partnership agreement, and to ensure that clear communication and mutual respect are enhanced. We have mediated a wide range of lawsuits with environmental and EPA considerations. Alan Alhadeff has been chosen for membership in the EPA National Roster in recognition of our environmental mediation work on cases involving toxic tort and chemical exposures, landfill and super-fund site, land use, water pollution and hazardous waste. |
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The Mediation Process Mediation is often proposed by one of the parties to the conflict. Parties are also referred to conflict mediation by counsel or other professional advisers. The mediation approach we use depends on the needs of the parties and how developed the conflict is at the present moment. When parties come to mediation after litigation is in process, the conflict is shaped by where they are in litigation. Several important variables affect whether mediation should be structured to take place in half a day or over a period of one to two weeks. Some of these factors are:
Alhadeff & Forbes Mediation Services assesses the unique aspects of each case and proposes a timeline and a sequence of meetings. The process starts with private, separate interviews of each party. The next step is usually a joint mediation session attended by all parties. At the mediation session, each side has an opportunity to present to the other in an open meeting. This session is typically followed by a series of private meetings in which the mediators engage in shuttle diplomacy, with the parties in separate rooms and the mediators conferring with them in turn. The conclusion of a successful mediation negotiation finds the parties once again in the same room. Here they ratify their agreements and set in motion all the necessary steps to achieve closure. Once resolution is reached, Alhadeff & Forbes Mediation Services follows through to make sure that all details have been satisfactorily resolved. |
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