The Better Way of Resolving Conflicts
Conflict is inevitable in human interactions. There are a number of ways to resolve conflicts. Most conflicts occur because of a lack of understanding or poor communication. Since each of us is unique, it is inevitable that there will be differences of opinion. Such differences are not necessarily good or bad, but it is important to resolve them so that people can move forward. The best and most effective way to resolve disputes is for the parties to work together to resolve the problem themselves.
When this is not possible, using a knowledgeable and experienced neutral third party can make all the difference.
I have served as a mediator and arbitrator since 1997 resolving a variety of disputes involving:
Domestic Relations issues
Probate, Wills, and Estate issues
Legal issues of all kinds
I resolve these conflicts or disputes using a variety of methods, including:
MEDIATION: Mediation is a method of resolving a dispute through a disinterested third party who acts as a facilitator. Mediation is not binding on either party; is generally confidential, and is usually voluntary, i.e., both parties want to resolve their dispute but need the intervention of a third person.
ARBITRATION: Arbitration is a very formal process for resolving disputes. It is less formal than a lawsuit, but it does involve the use of a disinterested third person, who will listen to the parties and make a decision that will be binding on both parties.
NEUTRAL FACT-FINDING: Neutral fact-finding is a process where a neutral third party, selected either by the disputing parties or by the court, investigates an issue and reports or testifies in court. The neutral fact-finding process is particularly useful for resolving complex scientific and factual disputes.
MED-ARB: Parties first reach agreement on the terms of the process and typically agree in writing that the outcome of the process will be binding. Next, they attempt to negotiate a resolution to their dispute with the help of a mediator. If the mediation ends in an impasse, or if issues remain unresolved, the parties can move on to arbitration. The mediator can assume the role of arbitrator (if he or she is qualified to do so) and render a binding decision quickly based on his or her judgments, either on the case as a whole or on the unresolved issues. Alternatively, an arbitrator can take over the case after consulting with the mediator.
ARB-MED: A trained, neutral third party hears disputants’ evidence and testimony in an arbitration; writes an award but keeps it from the parties; attempts to mediate the parties’ dispute; and unseals and issues the previously determined binding award if the parties fail to reach agreement. The process removes the concern in med-arb about the misuse of confidential information, but keeps the pressure on parties to reach an agreement. However, the arbitrator/mediator cannot change the previous award based on new insights gained during the mediation.
I can help you resolve your disputes and conflicts.