|
FAQS - Frequently Asked Questions
|
| WHAT IS MEDIATION? |
Mediation is a private, voluntary process of resolving
disagreements, usually conducted in a face to face
meeting by a trained mediator. It is respectful and
non-adversarial.
|
| ARE MEDIATION AND ARBITRATION THE SAME? |
Mediation and arbitration are sometimes called
"alternative dispute resolution" or "ADR". While both
offer an alternative to court litigation, they are not the same.
Arbitrations are usually voluntary but are sometimes required
by a court; they may or may not be binding on the parties.
The decision made by the arbitrator is called an award. After
an award is made, resort to a court is restricted. (Although
often called an "appeal", such court action is really a special
proceeding to vacate or confirm an award.)
Mediation is voluntary; there is an agreement, not a decision;
and resort to a court is open if the process fails; or to enforce
an agreement.
|
| HOW DOES A MEDIATOR DECIDE THE OUTCOME? |
The mediator has no authority to decide the outcome. No
decision is made for you; if the solution does not make sense
to you, you do not have to accept it.
A mediator can point out issues, needs and options;
offer suggestions, float proposals; and give a neutral
unbiased opinion.
|
| WHAT HAPPENS AFTER AN AGREEMENT IS REACHED? |
Once an agreement is reached, it is enforceable in court
the same as any other contract. But, studies show that
once a party has agreed to a settlement, he is more likely
to perform.
|
| WHAT IF THERE IS NO AGREEMENT? |
If no agreement is reached, you can still resort to
court proceedings.
|
| WHAT SHOULD I KNOW ABOUT THE MEDIATOR? |
I am an experienced mediator, arbitrator and attorney
admitted in N.Y. and N.J.; an accredited commercial
mediator of New Jersey Association of Professional
Mediators.
I have successfully completed a 40 hour Seminar in Civil
Mediation, Institute for Dispute Resolution of Seton Hall
Law School (1997). I completed an Advanced Mediator Skills
Course (1998) N.J. Assoc of Professional Mediators seminar
(1998); and; EEOC Employment Mediation (18 hours; 2002);
NJ ICLE 40 hour course on family mediation (2004). I
regularly attend continuing education courses on arbitration
and mediation, as well as substantive topics of law.
I am included on the roster of court approved mediators for
the New Jersey Superior Court, and serve as an approved
mediator for NASD. I have participated in over 100 mediations
in 7 years involving issues of customer/stock broker,
employment discrimination, wrongful termination, commercial
transactions, collections and contractor/ homeowner. Most of
them were concluded in one session.
An arbitrator since 1985, I received a Distinguished Service
Award from the NASD. In 1997, I was chosen by the NFA to
act as Chairperson for single largest monetary award sought
to date.
|
| DO YOU GIVE A FREE CONSULTATION? |
It is important that all parties have confidence in the neutrality
of the mediator. Therefore, “consultations” are limited to a brief
phone call unless all parties are included. I will provide parties
with a brochure explaining the process.
|
|
|
|
|
