Frequently Asked Questions
What is Mediation?
It is a form of alternative dispute resolution (ADR) where a neutral person works with the parties in the dispute to bring them to a self-directed resolution.
What Is Arbitration?
It is a form of alternative dispute resolution (ADR), which allows people to resolve their disputes without going through the public court system. Instead, a neutral third party—an arbitrator—hears both sides and issues a legally binding decision, known as an award.
What is required of me?
Whether Mediator or Arbitration, you will need to provide relevant documents and provide necessary disclosure. In mediation you work in joint sessions to develop the issues and resolve the dispute. In arbitration you must be prepared to present your side of the dispute, and comply with the rules outlined in your arbitration agreement.
What does the mediator do?
The mediator acts as a neutral facilitator to help the parties identify the issues and navigate their way to a self-directed resolution of the issues. Mediated agreements reached by the parties through this process are more satisfying to the parties who are committed to carrying out the agreement terms, as they represent THEIR agreement rather than a result given to them by the Court.
What does the arbitrator do?
The arbitrator acts as a neutral decision-maker who manages the process, listens to evidence and arguments from both sides, and then issues a final award. The arbitrator may also help structure the hearing and resolve procedural disputes along the way, if necessary.
How long does mediation or arbitration last?
The timeline can vary, but both are typically much faster than court litigation. Cases often resolve in months rather than years, depending on the complexity and the parties’ willingness to proceed efficiently. Unlike court dockets, both mediation sessions and arbitration hearings can be scheduled around your availability.
How much does meditation or arbitration cost?
Both are generally more cost-effective than court litigation. While you do pay for the mediator’s/arbitrator’s time, you often avoid excessive legal fees, discovery costs, and courtroom delays. Overall, both can save thousands of dollars, especially in complex cases.
How Do I Start The Mediation or Arbitration Process?
Select your alternative dispute resolution professional. Choose between mediation and arbitration. Enter into the medication or arbitration begins written agreement, as the case may be.
Is Mediation or Arbitration Confidential?
Yes. Both meditation and arbitration are private proceedings and are not open to the public, unlike a court case. There is no public record and no transcript unless the parties agree to some terms that result in making the process public. Confidentiality clauses are included in the agreement.
Do I Give Up Any Rights By Agreeing To Mediation or Arbitration?
Yes and no. You generally waive your right to a jury trial, if the case is one that can be heard by a jury. Mediation is fully voluntary; therefore, if you choose to end mediation without an agreement, you have given up nothing. If you enter arbitration and if you made the arbitration binding, you limit your ability to appeal the arbitrator’s decision. Keep in mind, you retain control over most all aspects of either process, such as who facilitates/hears your case and how your case is conducted. For many, the tradeoff results in a faster more satisfying resolution.
Do I need a lawyer too?
While you are not required to have a lawyer, it is often wise to retain one—especially in complex disputes. An attorney can help you understand the rules, prepare you, and help you throughout. It is wise to look for an alternative dispute resolution professional who welcomes attorneys as part of the process.
Highly Skilled Mediator and Arbitrator
Exceptionally skilled and attuned to the realities of both law and business
Over 30 Years of Experience
Decades of experience handling hundreds of cases in the state of Pennsylvania.
Associations and Certifications
A practicing CPA and member of the Pennsylvania Bar Association