An effective third-party neutral can assist parties and their counsel in understanding the strengths and weaknesses of their positions and, as importantly, the strengths and weaknesses of their adversary’s positions. An expert mediator will assist the parties and counsel in gauging probable outcomes, e.g., jury verdict ranges, and will meet privately with all sides to the dispute in an effort to forge a mutually acceptable resolution.

Your Sidebar Solutions mediator will prepare thoroughly for each session, commencing with file review and pre-mediation communications. Preliminary conversations may take place before the start of the mediation session and the mediator will likely conduct private conferences with the parties throughout the day of the scheduled mediation. If the matter does not resolve at the initial mediation session, the mediator will encourage the parties to engage in follow up discussions in an effort to bridge whatever gap remains as a barrier to settlement. Participation in mediation is entirely voluntary – a party may withdraw from mediation at any point in the process.

All discussions are strictly confidential, as are all settlement terms, unless the parties agree that certain settlement terms shall be disclosed to the public. Upon resolution, the settlement terms are set forth in a written settlement agreement and release, which constitutes a binding contract between the parties.

In those rare occasions where a compromise resolution is not achieved, the parties are free to return to the court system to resume litigation.

An agreement to arbitrate, as opposed to mediate a dispute, typically involves a decision by the parties to select one or three arbitrators to decide contested issues. In a one member arbitration, the parties agree upon the selection of the arbitrator. In the case of a three member arbitration, each side selects an arbitrator, and the parties and the two selected arbitrators typically confer on the selection of a third arbitrator to complete the panel. Arbitration decisions are typically binding and not appealable by agreement of the parties.

Arbitration proceedings take place in an office setting and can be either formally or informally conducted. The parties usually present their proofs via limited live witness testimony and/or the submission of expert reports stipulated to be admissible as evidence.

Arbitration can be an effective tool for resolving a dispute particularly when the parties, for any variety of reasons, are unable to reach an agreement through voluntary compromise. Judges Miller, O’Neill, and Marino are prepared to offer their expertise and legal acumen to resolve matters through binding or non-binding arbitration.

Courts often appoint Special Masters, typically retired judges, to assist in the management and disposition of complex, document intensive matters.

A Special Master’s responsibilities can be broad or limited, as determined by the court and/or agreed to by the parties. An experienced and effective Special Master, familiar with the subject matter of the litigation, can provide invaluable assistance to the court and the parties, assisting in the logical progression of the litigation and frequently acting as a mediator along the way. A Special Master can assist the parties in resolving discovery disputes and ultimately in facilitating the successful settlement of the case. A Special Master might be thought of as the parties “private judge,” available on short notice to assist the parties in moving their litigation forward in a timely, efficient, and cost-effective manner.

Judges Miller, O’Neill and Marino have extensive experience in developing effective case management protocols, which are essential to shepherding complex cases through discovery.