Blog Posts: ADR

Transcript: A mediation is an opportunity for you to try to resolve your dispute by discussion, negotiation, and not having a decision forced down your throat. Usually a mediator will split you up at some point in the process. Sometimes we'll start all together, us and the other side in the same room. Sometimes it's important to hear a little bit about what they...

Not all divorces need to be tried in court. Divorce mediation is an alternative the parties can choose instead of litigating their divorce in family law court and having the outcome decided by a judge. Mediation is a private process of resolving disputes by engaging a neutral third party who acts as a facilitator. Their role is to assist the divorcing couple to rea...

Video Transcript: Hi, my name is Mitchell Reichman. I’m a board-certified Specialist in Family Law and chair of the Family Law Department at Jaburg & Wilk. What is opting out and how can I pursue it? Opting out is choosing to resolve a family law dispute outside the traditional judicial system and one method of opting out is choosing mediation as an alte...

Many people use the terms "mediation" and "arbitration" interchangeably, mistakenly believing they are two different words that mean the same thing.  While the English language is curiously replete with examples of different words with the same meaning (i.e. "car" and "automobile"), the words "mediation" and "arbitration" are not such a pair.   The confu...

Transcript of Arbitration Vs. Trial Hi, my name is Mitchell Reichman.  I’m a board certified specialist in Family Law and chair of the Family Law Department at Jaburg Wilk. Arbitration is different than trial in important ways. First, arbitration occurs in private offices and so the process is confidential. Another way it’s different is if arbitrators are...

Video Transcript: Mediation is preferred to litigation for a myriad of reasons.  First of all, is the cost - mediation is invariably less expensive than litigation.  It is not a few thousand dollars less to mediate; many times it may be ten, twenty, or even thirty thousand dollars less than litigation.  In addition, a benefit of mediation is the case is over ...

When faced with a contract dispute, parties frequently hire attorneys and use the court system to resolve their dispute.  However, there is an alternative dispute mechanism - Binding Arbitration - which is available to resolve disputes if the parties have already agreed to use that method of dispute resolution.  In boilerplate contract language, binding a...

When parties are unwilling or unable to resolve a dispute, a viable option for resolution is mediation. Mediation is a negotiation facilitated by a neutral third party known as the mediator. A mediator helps parties reach resolution. Mediation is usually a voluntary process, although sometimes it may be required by the court. Who is responsible for paying for the...