| CIVIL AND BUSINESS MEDIATION |
ADR services - resolving civil court cases
commercial and business disputes
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Business/ partnership dissolutions/ buy-sell;
Corporate mergers/acquisition transition planning;
Real estate disputes;
Construction defects;
Condo/homeowner conflicts;
Personal injury;
Attorney fee disputes;
Employer/employee disputes;
Business to business disputes; and
Debt and Mortgage mediation / dispute reolution
| Case management services for law firms;
Settlement conferences;
Negotiation strategies;
Hostile workplace/harassment mediation;
Legal disputes -pre-during -post litigation; and
Facilitation of corporate meetings
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Mediation -is an efficient method for solving a variety of business-related issues. Mediation solidifies understandings, thereby enhancing working relationships. This boosts the efficacy of the working environment and productivity, which ultimately reflects on the quality of service, product and of course revenue. The success or failure of an enterprise may depend to a large extent on the stability of relationships both within and outside of the organization.
Some of what we can do:
Facilitate the negotiations between Parties entering into ownership and/or partnership agreements, when forming a new business or professional practice;
Resolving disputes between principals of an existing business or practice;
Renegotiating aspects of an existing ownership and/or partnership agreement;
Mediating the intricacies of the dissolution of an existing business arrangement;
Resolving businesses to business conflicts to avoid litigation;
Resolving employer/employee disputes.
Advantages of Mediation
An experienced Mediator can turn conflict into an opportunity to generate enduring protocols;
The prevention of litigation is a positive factor for the corporate environment, productivity, the reputation of the Company and psychological wellbeing of executives and employees;
An opportunity for early intervention before animosity escalates;
It is solution oriented and cost effective;
New businesses can move forward as the principals have a clear, specific agreement about roles, responsibilities, goals and objectives. No side wins and no sides loose; both sides compromise and therefore both land in the green zone as opposed to the red zone;
Existing businesses can continue to grow and thrive, no longer hampered by unresolved problems or unclear agreements;
The Parties ability to preserve an existing business relationship is enhanced; resolution is obtained a lot quicker than years of litigation; and inter alia,
The atmosphere is friendly and informal and a lot less stressful.
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MEDIATION
Mediation is a process where a neutral third party assists people in conflict in finding a mutually acceptable solution to their dispute. Mediation is both voluntary and confidential. It is an excellent first option before litigation.
A skilled and trained mediator can help you talk things through and reach an agreement that satisfies all participants. First, the mediator will explain the mediation process and answer your questions. Then, each participant has the opportunity to tell their side, uninterrupted.
Mediators do not assign blame, judge who is right or wrong, or make decisions about what should happen. They help participants discuss the problem openly and help identify lasting solutions. As a final step, the mediators will help reduce the terms of your agreement into writing. Some mediators are more proactive in suggesting solutions than others.
Why Mediation?
In mediation, you are in control. You make your own decisions about what is best. The solution is determined by the people who will live with the consequences. The mediators do not impose their own views or solutions;
Mediation is Voluntary Participants only mediate if they choose to, and have the option to stop at any time;
Mediation is Confidential; Sessions are held in private, and mediators will not disclose what is said in a mediation session. No records are kept of the discussion except the agreement that is reached by the participants;
Mediation is quick and can be scheduled within one to two weeks, and most require only a few sessions;
Mediation is Convenient - we can schedule mediations mornings, afternoons, evenings, and Saturdays, and at a location that is convenient for you;
Mediation is cost-effective - fees are far less than litigation;
Mediation is non-adversarial - in mediation, parties work together towards a solution that everyone can accept;
Mediation is respectful and fosters respect for the differences through being heard, validation and understanding;
Mediation helps people to preserve and maintain ongoing relationships. Mediation works well for anyone who is willing to be reasonable;
Even if you have already tried to resolve your dispute and have been unsuccessful, try mediation. It has helped many in resolving seemingly intractable disputes;
Will You Need an Attorney? Parties in mediation are encouraged to obtain as much information as they need to make fully informed decisions. Consulting with a lawyer is often an important part of this process. We encourage review attorneys.
TAKE NOTE OF THE EVIDENCE CODE APPLIES IN YOUR STATE - THAT COULD IMPACT THE BINDING NATURE OF MEDIATED AGREEMENTS. TAKE YOUR MEDIATED AGREEMENT TO A SEPARATE ATTORNEY TO ENSURE THAT IT IS BINDING AND ENFORCEABLE AND TO DO THE NECESSARY FOLLOW UP TO ENSURE ENFORCEABILITY.
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PRIVATE CIVIL COURT™ - Imagine having control over the outcome of one's case- whether you are Petitioner or Respondent? At Private Courts, you can take advantage of attempting to reach a mediated settlement, without prejudice to your legal rights. This in effect means that litigants can choose mediation and if the case is not resolved to either party's satisfaction, it can still be concluded through the Civil Court system.
CONTRACTUAL DISPUTES - Mediation, negotiation, strategy, settlement analysis;
PRE-TRIAL MEDIATION AND SETTLEMENT ANALYSIS- Mediation may be succesful at any stage of a civil or tortious matter; and an assessment should be made at many different stages of the litigation process for its potential value. At such time an objective settlement analyst is of much value and may turn out to be cost saving. Even if you decide not to settle, often this objective view can yield unexpected nuances that may serve to enhance your case.
LITIGATION: Litigants, counsel, corporate counsel, CEO's, owners should periodically CONSULT a settlement specialist to perform an OBJECTIVE analysis to determine settlement options and whether it is expedient to attempt or promote settlement during a particular time through te litigation or pre-litigation process.
COURT ORDERED MEDIATION: Private Courts offers its services to litigants when the Courts have ordered mediation. In some Courts a referal to a private mediator is made directly by the Court and in other instances the litigants are required to find their own mediators to choose from.
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