Mediation and Arbitration

Mediation and Arbitration

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Alternative Dispute Resolution Lawyer FAQ

What is Mediation?

Mediation is a less widely known, but equally effective way in which to resolve a dispute. Unlike an arbitrator, a mediator does not weigh the evidence and make a decision. Instead, a mediator acts as a neutral and confidential evaluator of the positions of adverse parties. After endeavoring to cause the parties to focus on their objectives and the costs associated with achieving those goals, the mediator assists the parties in structuring a resolution through a cooperative effort.

What is Arbitration?

Arbitration has a long history as an alternative to litigation. In arbitration, the parties choose the arbitrator, agree to the schedule for the resolution of the dispute and generally retain more control over the arbitration process than they have in the litigation process.

Alternative Dispute Resolution Attorneys in NJ

The cost and time associated with protracted litigation has become an increasingly unattractive method for resolving a dispute. Various types of alternative dispute resolution processes (ADR), such as arbitration and mediation, have emerged as viable alternatives to litigation.

Bathgate, Wegener, & Wolf has embraced ADR as a cost effective and efficient way in which clients can resolve almost any type of legal dispute. We provide representation to our clients during ADR proceedings and several of our attorneys have become highly regarded mediators.

In addition to being a successful mediator for New Jersey clients, our partner, William J. Wolf, serves on the Supreme Court Committee for Complementary Dispute Resolution. That committee is composed of several judges and ADR practitioners who meet during the year to discuss and propose changes to the rules that have been adopted by the Supreme Court for the court mandated mediation program. Participation on that committee has provided valuable insights into the dynamic way in which the Supreme Court views various alternatives to litigation. Thomas E. O’Brien, another one of our partners who specializes in mediation, is a retired Superior Court Judge who has settled hundreds of cases during his 18 year tenure as a judge. He continues to resolve cases through mediation.

We believe that the benefits of mediation are significant. Just as litigation requires a specific set of skills, preparing for and participating in mediation and arbitration requires a certain type of ability. Although the requisite skills for representing a client during an ADR proceeding can be learned, there is no substitute for the intuitive strategies that only experience can bring. Our partners who participate in the ADR process, particularly those who serve as mediators, have the requisite skills to enable our clients to take full advantage of the unique opportunities that are afforded by ADR proceedings.

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