Mediation and Arbitration Alternative Dispute Resolution
SBEMP’s Alternative Dispute Resolution (ADR) practice is run by the firm’s founding partners, Thomas S. Slovak and David L. Baron. Mr. Slovak and Mr. Baron have handled hundreds of sophisticated mediations in a variety of civil litigation matters.
When a dispute has reached the point where it seems no suitable resolution can be reached between the parties, it often takes a third party to look at the situation objectively. Through an ADR process outside of the courtroom, businesses and individuals can avoid expensive and time-consuming litigation. SBEMP is experienced in finding creative solutions to tough business problems based on our practical business and litigation experience and mediation training and certification.
Mediation doesn’t declare winners or losers. Instead, it is a non-binding process that helps adversaries find a way to resolve a dispute through negotiation. As mediators, SBEMP attorneys work with parties as neutrals in a voluntary, confidential and cooperative atmosphere. We impose no solutions, but help the parties to understand the other participant’s points of view, in order to reach mutually acceptable and fair resolution of the dispute. We work with the parties sometimes in joint sessions and sometimes in private sessions, or caucuses.
As the parties in mediation find the issues narrowing and their own core objectives coming into focus, they can very often craft their own mutually satisfactory resolution, often in ways that no trial judge could ever award.
If the parties prefer, members of our ADR group also serve as arbitrators to render binding awards in most areas subject to adjudication. Unlike mediation, arbitration results in a decision binding upon the parties, but can offer a faster and less expensive alternative to public litigation. Like a court trial, arbitration is an adversarial process whereby a neutral arbitrator renders a decision after a presentation of the evidence. Binding arbitration is typically not subject to appeal, so the parties stand to benefit further from the finality of the process.