ADR and Mediation



 

Whether before the initiation of litigation or as a result of a Court requirement, alternative dispute resolution is a path Friedland Vining frequently counsels its clients to follow.  Mediation – a shuttle diplomacy-like, confidential proceeding – is often a cost-effective means by which parties can try to narrow the scope of, or potentially resolve, their disputes.

What is mediation?  Mediation is a process through which a neutral party – a mediator – attempts to help the parties sort through their issues and reach a compromise.  The mediator does not take sides and does not share information unless instructed to do so.  The results of mediation are not disclosed unless a settlement is reached, in which case the only disclosure is the fact of a settlement, not the details of the agreement.

In addition to mediation, other forms of alternative dispute resolution may be favorable to Friedland Vining clients.  Among these forms are arbitration and private judges, both of which enable parties to “litigate” their disputes outside traditional court systems.  Arbitrations often occur as a result of contractually-negotiated arrangements between parties, while the use of private judges is something that parties can agree upon at any time.

Additionally, David Friedland is a certified mediator and a member of the International Trademark Association’s Panel of Neutrals.