Specialized ADR - Mediation & Alternative Dispute Resolution Services

Our Services

Mediation is a private, confidential, and informal process in which a neutral third party, the mediator, helps disputing parties reach an agreement. This process is non-binding until agreed upon and signed by both parties.

Co-mediation occurs when two or more neutrals come together to form a panel with the intended purpose of conducting mediation in a joint capacity. For co-mediation to be successful, each neutral should have a clear understanding of what their particular role is in the mediation process. This requires planning and coordination amongst the co-mediators beforehand.

The "Med-Arb" process begins as mediation. If the parties are unable to reach a settlement during the mediation session, the mediator becomes an arbitrator who then decides the outcome of the matter. Once the decision is made, it becomes binding.

The "Arb-Med" process begins as arbitration. Once the arbitration period is completed, the arbitrator prepares an award and then seals it. He/She does this in the interest of preserving confidentiality for the time being. The arbitrator then becomes a mediator and facilitates in an effort to get the parties to reach a settlement. If the parties are unable to come to an agreement, the case is decided by revealing the arbitrator's award. The revealed award becomes binding.

Arbitration involves one or more neutral third parties (sometimes a panel of three), who are agreed to by the disputing parties and whose decision is binding.

Masters/Magistrates perform a wide variety of tasks. They serve various roles in pretrial discovery and proceedings, facilitate the mediated settlement of cases, make recommendations and submit reports to judges, assist with complex issues, chair advisory committees composed of lawyers of record, help administer class actions and settlements, propose orders jointly recommended by the parties, make decisions based on judicial reference or the parties' consent, and become engaged in post-trial proceedings. (Mark A. Fellows & Roger S. Haydock, Federal Court Special Masters: A Vital Resource in the Era of Complex Litigation, 31 Wm. Mitchell L. Rev. at 1270 (2005)).

Independent investigation is a process in which a third party neutral (the Investigator) investigates Charges, Claims, Shareholder's derivative claims, and submits Findings and Fact, conclusions and Recommendations.

Neutral evaluation is a process by which a third party neutral gives an opinion/indication, after hearing all of the facts from both sides, of what the outcome of the case/matter/dispute would likely be.

A court receiver is generally appointed to take control of the property, business, or profits of a party to a lawsuit. The Receiver retains control, typically, until a final decision is rendered.

Referees are usually appointed by a judge to assist the court by hearing certain matters and making recommendations concerning special or complicated matters (without the authority or power to render judgment).

The Sedona Principles for Electronic Document Production specifies in Comment 10c that:

"In certain circumstances, a court may find it beneficial to appoint a "neutral" person (e.g., a special master or court-appointed expert) who can help mediate or manage electronic discovery issues [citations omitted]. … One immediate benefit of using such a court-appointed 'neutral' third party is the probable elimination of privilege waiver concerns with respect to the review of information by that person. In addition, the 'neutral' may be able to speed the resolution of disputes by fashioning fair and reasonable discovery plans based on specialized knowledge of electronic discovery and/or technical issues with access to specific facts of the case.