Finding Solutions Without Litigation

Mediation and arbitration offer quicker, more cost-effective ways to resolve disputes compared to litigation. In mediation, both parties work collaboratively with a neutral mediator to find a mutually agreeable solution. Arbitration, on the other hand, allows for a more structured decision-making process led by a neutral arbitrator. Under certain circumstances, both options can be employed together. Feel free to ask for details.

While Michael has decades of experience in business and real estate disputes, he provides mediation and arbitration services tactfully and professionally across a range of issues, including real estate related matters, family law, divorce law, appellate matters, and business conflicts. His lifelong experience in creative problem solving, allows him to offer tailored solutions based on the specifics of each case, and the wants and needs of the parties.

Mediation is a confidential process in which Michael serves as a neutral third-party facilitator. He guides the conversation, ensuring each party has a chance to share their perspective without interruption. Michael doesn’t make decisions or take sides; instead, he helps the parties explore options, clarify misunderstandings, and work toward a resolution that feels fair and acceptable to everyone involved. Some or all the issues under litigation can be resolved with mediation. Every issue resolved in mediation is one less risk you face in court. With rare specific exceptions, nothing stated in mediation may be disclosed to anyone outside the mediation, or to the court.

Arbitration is NOT a confidential process (unless the parties agree to it being so), yet Michael is still neutral. He still will ensure that each party has a chance to share their perspective, but the parties, and their counsel, while still being required to be professional and respectful, will be adversarial instead of cooperative. In this case, Michael WILL be making decisions on your case. Arbitration comes in two flavors, depending on the terms agreed upon by the parties, the terms of the contractual agreement between the parties, and/or the order of the court, binding or non-binding. In binding arbitration, the arbitrator’s (Michael’s) decision is final and upon ratification by the court, is enforceable by law, contestable only by an appeal type process. Non-binding arbitration allows either party to contest the decision in court if they’re unsatisfied. In either circumstance, however, going back to court after an arbitration ruling is entered, can, and probably will, cost additional expenses and risks, especially to the losing party at court.

Mediation is an excellent choice when both parties are open to negotiating and maintaining control over the outcome. Arbitration, on the other hand, is beneficial for cases that require a decisive outcome where the parties prefer a private yet structured process. While the court, or your contract, may mandate mediation and/or arbitration, you can still choose who handles the mediation and/or arbitration. Michael can help you assess your unique needs and guide you to the resolution method that best suits your goals.