Mediation Services
We Provide Comprehensive Mediation Services for Domestic and Cross-Border Disputes
Oberheiden P.C. provides comprehensive mediation services for all types of civil and commercial disputes. Mediation can be a highly effective tool for helping parties resolve conflicts in a wide range of circumstances; and, when mediation is successful, it results in a desirable outcome for all parties involved. Open communication, collaboration, and a good-faith approach to negotiation are all essential—and these are just some of the areas in which an experienced mediator can help.
Our Mediators Help Parties Solve Problems and Resolve Disputes Without Going to Trial
Our attorneys serve as mediators for disputes between businesses, business partners, family members, and other individuals and entities. Our team includes attorneys who have experience resolving an extremely wide range of disputes through both litigation and alternative dispute resolution (ADR), including attorneys who previously served in the U.S. Department of Justice (DOJ).
Our law firm has the capabilities and resources required to mediate disputes throughout the U.S. and worldwide—from cross-border commercial disputes to disputes between family members. We prioritize clear communication and efficiency, and our goal in every case is to help the parties find common ground and reach a mutual understanding regarding how to come to terms so that they can avoid going to court.
How Mediation Works as a Means of Conflict Resolution
Mediation can take place in a single day or over a series of mediation sessions scheduled over the course of days or weeks. With that said, momentum can play an important role, and we generally encourage participants to schedule their mediation sessions without unnecessary delays. We provide both in-person and remote mediation services; and, while we focus on taking a straightforward approach whenever possible, we also help participants explore creative solutions when warranted.
Mediation is a confidential process; and, unlike arbitration, it does not result in a binding resolution. In mediation, the role of the neutral is to help the parties find a way to come to terms fairly and in good faith. The mediator’s professionalism, experience, and communication skills all play critical roles—and this makes it essential to choose a mediator who has the necessary credentials to lead the process toward a favorable outcome.
Whether mediation is required by agreement, court-ordered, or pursued voluntarily, neither party is required to agree to a settlement. The mediator’s role is to assist the parties with negotiating a settlement based on the circumstances at hand. An experienced mediator’s assistance can prove vital—including not only experience as a third-party neutral, but also experience representing clients in contentious dispute resolution proceedings.
Matters We Handle as Mediators
Our attorneys are available to serve as mediators for civil and commercial disputes involving parties in the U.S. and around the world. The following is just a small sampling of the types of matters we handle:
- Civil disputes
- Commercial disputes
- Family disputes
- Probate and estate administration disputes
- Workplace disputes
If you have questions about engaging a mediator for a specific type of dispute, we invite you to get in touch. In the commercial context, we handle cases involving disputes in all industries; and, in all contexts, we can help participants work to preserve their relationships going forward if desired.
FAQs: Using Mediation to Resolve Civil and Commercial Disputes
What Are the Benefits of Mediation?
Mediation can have several benefits in the right circumstances. Among them, the cost of mediation is generally significantly lower than the cost of litigation, and all events during the mediation process can be kept strictly confidential.
How Do Mediators’ and Arbitrators’ Roles Differ?
A mediator is a facilitator, while an arbitrator is a decision-maker. When parties attend mediation sessions, the goal is to work with the mediator to reach a mutually agreeable resolution. This allows the parties to retain control over the outcome while saving money and keeping their long-term mission in mind.
Is Mediation a Private Process?
Yes, mediation is a private form of alternative dispute resolution (ADR). Whether conducted in an office setting or via virtual mediation sessions, the process can be (and should be) kept entirely confidential.
Is Participation in Mediation Voluntary?
While parties may be required to participate in mediation by a contract or court order, parties are not required to reach an agreement through the mediation process. With that said, the parties are generally required to participate in good faith, and the mediator’s role is to help the parties reach an agreement that allows them to move on.
Contact Us to Learn More About Our Mediation Services
If you would like more information about our mediation services, we invite you to get in touch. Please call 888-680-1745 or contact us online to schedule a free and confidential consultation with a mediator at Oberheiden P.C.
