Arbitration and Mediation

General Information

Arbitration and mediation are alternatives to a trial.  The most common form of arbitration is Mandatory Arbitration (MAR)—a process adopted by our State courts to streamline the resolution of cases involving claims for $50,000 or less.  MAR can be a more cost-effective and expeditious method of resolving cases since it eliminates much of the time and costs typically associated with pretrial discovery and trial.  Our firm is very experienced in MAR, and because of the significant benefit to our clients, we always discuss this option for cases falling within the monetary guidelines.

Mediation is another excellent tool for use in resolving cases and avoiding both the emotional and financial risks of trial.  Mediation involves the parties working with a “mediator,” usually a seasoned attorney or retired judge, to find an agreed resolution of the case.  Mediation is a very effective tool, as most litigation matters can be successfully resolved with the assistance of a knowledgeable mediator.  Our firm strongly believes in mediation because it can provides our clients with faster and certain outcomes to their legal issues.

Services and Approach

Our firm also boasts the skills and extensive experience of Kathleen Boyle as both an arbitrator and a mediator in litigated matters.  To summarize her approach to mediation, Ms. Boyle believes efficiency and productivity are paramount:

My approach to mediation follows an issues-rules-analysis progression to assist parties and counsel in arriving at logical, well-reasoned decisions about their positions.  By drawing on my years of litigation and settlement experience I work to help elicit changes in position rather than compel them.  I utilize a common-sense approach and carefully consider the potential costs and risks vs. the possible rewards of continued litigation.  Other than the obvious time and money-saving aspects of a mediated resolution, I encourage the parties and counsel to consider the relevant settlement factors at play such as the value of a case settled today, the risks and costs of proceeding to trial, the prevention of potential post-judgment collection and/or appeal issues, and the end to the emotional and physical drain of continued litigation.

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