Mediation of Tort Claims

Our lawyers have successfully represented many clients at mediations, covering a wide range of actions such as truck accidents, medical malpractice, auto collisions, and premises liability. Our experiences have led us to conclude that, under the right circumstances, mediation can be of great benefit to plaintiffs. It generally allows the matter to be concluded long before a trial can be scheduled, removes the risks associated with the trial of some cases, and allows the client to control the result, as opposed to a jury, judge, or arbitrator.
Mediation, is a form of alternative dispute resolution (ADR), which aims to assist two (or more) disputants in reaching an agreement. The key component of mediation is that whether an agreement is reached, and the nature of that agreement, if any, is determined by the parties themselves rather than being imposed by a third party. Mediators use appropriate techniques and/or skills to open and improve dialogue between the parties, aiming to help the parties reach an agreement on the disputed matter. In order for mediation to be successful, all parties must view the mediator as impartial.
Arbitration is a procedure for the resolution of disputes outside the courts, wherein the parties to a dispute refer it to one or more persons (the “arbitrators” or “arbitral tribunal”), by whose decision (the “award”) they agree to be bound. Arbitration is today most commonly used for the resolution of commercial disputes, such as between businesses. In many cases contracts between the parties require mandatory arbitration. This is almost universal in investor/broker contracts. It is also used to resolve other types of disputes, such as labor disputes, consumer disputes or family disputes, and for the resolution of certain disputes between states.