Mediation presents an opportunity to resolve disputes in a more efficient, timely and less expensive manner than litigation in court.
Mediation is a dispute resolution process in which an impartial third party - the mediator - facilitates negotiations among the parties to help them reach a mutually acceptable settlement. The major distinction between mediation and arbitration is that, unlike an arbitrator, a mediator does not make a decision about the outcome of the case. The parties, with the assistance of their attorneys, work toward a solution with which they are comfortable. The purpose of mediation is not to decide who is right or wrong. Rather, its goal is to give the parties the opportunity to (1) express feelings and diffuse anger, (2) clear up misunderstandings, (3) determine underlying interests or concerns, (4) find areas of agreement, and, ultimately, (5) incorporate these areas into solutions devised by the parties themselves.
Mediation has been used successfully in a broad range of cases that exhibit characteristics such as: the parties have an ongoing business or personal relationship or have had a significant past relationship; communication problems exist between the parties; the principal barriers to settlement are personal or emotional; parties want to tailor a solution to meet specific needs or interests; cases involve complex technical or scientific data requiring particular expertise; the parties have an incentive to settle because of time, cost of litigation or drain on productivity; the parties wish to retain control over the outcome of the case; or the parties seek a more private forum for the resolution of their dispute.
Mediation can be utilized both before and during litigation. If the matter is resolved prior to litigation, the parties will sign an agreement, which can be brought before the court, if the agreement is breached. If the matter is resolved during litigation, a settlement agreement will be filed with the court and the case dismissed.
To protect the integrity of the mediation, a mediator shall not disclose any information obtained during the mediation unless the parties expressly consent to such disclosure, or unless disclosure is required by applicable rules of law. This is especially important in the event that the matter in dispute is not resolved.
I am a Certified Civil Trial Attorney. I have tried over 100 cases to conclusion representing personal injury plaintiffs, personal injury defendants, plaintiffs and defendants in contract matters, construction matters, defamation cases, real estate litigation, business litigation, insurance declaratory judgment coverage actions, chancery matters, prerogative writs, domestic violence cases and criminal cases.
In the past, I have served on the N.J. Supreme Court District Fee Arbitration Committee – 1988 –1992 (Chmn. 1991-92), the New Jersey Superior Court as panelist in the Bar Panel Arbitration Program, as an Arbitrator in the New Jersey Superior Court Automobile Negligence and Personal Injury Programs pursuant to R. 4:21A-1. Also, I have been an arbitrator in UM/UIM Disputes, a former member of the N.J. State Bar Association Uninsured Motorist/No Fault Arbitration Advisory Council and as a Member of the Panel of Arbitrators of the American Arbitration Association focusing principally on UM/UIM disputes and PIP medical expense benefit coverage issues.
My office provides Mediation and Arbitration Services for civil litigation matters, such as:
ACTION ON A NEGOTIABLE INSTRUMENT
AUTO & HOMEOWNERS INSURANCE
AUTO NEGLIGENCE-PERSONAL INJURY
AUTO NEGLIGENCE-PROPERTY DAMAGE
COMPLEX COMMERCIAL LITIGATION
PIP COVERAGE DISPUTES
UM AND UIM