Mediation • Arbitration • Mock Trials

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Mediation

ADR Options can be used to resolve all civil disputes including: Personal Injury, Underinsured and Uninsured Motorist, Property, Casualty and General Liability, Professional Liability, Commercial, Employment, Insurance Coverage, Workers’ Compensation, Contract and Family Law matters.

What

Mediation is a non-binding attempt to resolve or narrow a dispute with the assistance of an ADR Options mediator. These mediations can be scheduled quickly and in the vast majority of mediations, the dispute is resolved. Mediation discussions are privileged. 48 Pa.C.S.A §5949.

When

A mediation should be scheduled when the parties agree. The process of investigating and evaluating a claim usually should be completed prior to a mediation.

Who

The mediation should be attended by the parties to the dispute. An attorney is not required at a mediation. However, the parties are usually represented by counsel. The persons attending the mediation should have settlement authority or be able to contact a person with settlement authority.

How

Prior to the conference, each party should prepare a mediation memorandum stating the facts that give rise to liability and a statement of the damages. All pertinent backup materials should be attached and legible. These materials should be presented to the mediator and all involved parties 7 business days before the mediation. This will help the mediator conduct a more efficient mediation by becoming familiar with the facts and the law prior to the mediation.

The mediator may begin the proceeding by discussing the process and the mediator’s role in the process. The mediator may also ask questions based on his review of the mediation memoranda. The parties are given an opportunity to clarify and augment their mediation memoranda. Next, the mediator will privately meet with each side to discuss a possible solution to the dispute.

The mediator will discuss the case’s strengths and weaknesses privately with each side. The mediator will only relay information to opposing parties with the approval of the party offering the information. After all settlement discussions have been conducted, and if agreed to and strongly requested by all of the parties, the mediator may make a recommendation for settlement. In general, we dissuade our mediators from prematurely putting settlement values on cases, and only doing so if all parties agree a value assessment will aid settlement.