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Mediation

Jul 31, 2009 | Written by: Diana N. Fredericks, Esq. |

Mediation is an effective alternative to litigation. It is typically less expensive than litigation and the parties can craft their own settlement.

The mediator is a facilitator and/or a manager of the process. A mediator does not represent the interest of either party. The goal of the mediator is to try to enable the parties to reach their own settlement. The mediator does not provide legal advice to either party and remains neutral.

Part of the mediator’s role is to help the parties effectively communicate their respective positions and to provide options to the parties in a neutral manner. During mediation, the parties may each have their own attorney present and the mediator may encourage the parties to use other experts such as accountants, appraisers and mental health professionals. The ultimate goal of the mediation is for the parties to reach an agreement which they believe is fair. Parties who have settled their case through mediation and other forms of alternative dispute resolution have a much lower rate of challenging agreements and litigating issues in the future than parties who allow the Court to decide their case.

William W. Goodwin, Jr., Esq. and William J. Rudnik, Esq. are both Rule 1:40 Qualified Mediators. If you have questions regarding the mediation process or would like to schedule an appointment for mediation, please contact Mr. Goodwin at bgoodwin@gklegal.com or Mr. Rudnik atbrudnik@gklegal.com

 

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