Mediation is a confidential, voluntary process in which a qualified and neutral third party helps facilitate the resolution of a dispute between two or more people. While attorneys are often involved, mediation requires the parties to participate in the process actively and directly. Generally speaking, the mediator's role is to facilitate constructive communication, to assist in identifying the real issues and interests of the parties, and to help generate various and creative options for settlement. The mediator does not provide legal advice to the parties or render decisions. The parties remain in control of the decision-making process at all times.

Mediation is a valuable and powerful tool in virtually any type of case or dispute, and it should be used as early in the life of the dispute as possible. When utilized and conducted appropriately, mediation is highly effective and offers the parties a number of significant benefits, including the following:

- Saves the parties significant amounts of time and money by avoiding protracted litigation
- Allows the parties to remain in control of the outcome rather than leaving their fates entirely in the hands of a judge or jury
- Allows the parties to discuss their dispute in a confidential setting, thereby avoiding unwanted publicity
- Encourages and facilitates creative, "out-of-the-box" solutions
- Preserves and improves the parties' relationships going forward
- Results in greater compliance with the negotiated outcome than a court-ordered judgment

Mediation is a flexible, informal process that can be conducted in a number of different ways and styles. Facilitative mediation focuses on improving the lines of communication, identifying interests and needs, and brainstorming possible solutions. Some mediators may also incorporate a more evaluative approach and offer an objective viewpoint and opinion regarding the parties' positions and possible outcomes should the case proceed to trial.

Creative Dispute Resolutions seeks to provide a mediator tailor-made for each particular dispute. That means providing a mediator who has significant experience in the applicable area of law, as well as someone who has a style and approach most conducive to reaching a resolution in that particular case. The biographies of the dispute resolution professionals on this website provide useful information in this regard, but please contact us so we may assist you in the process of selecting a mediator and answering any questions you may have about the process.

Arbitration is a confidential, adversarial process in which a knowledgeable and impartial neutral (or a panel composed of three or more arbitrators) listens to the parties' recitations of the dispute, weighs the evidence and testimony presented, and then renders a binding decision. Binding arbitration awards are subject to very limited appeal rights. Alternatively, the parties can agree in advance that the arbitrator's award will be only advisory.

When conducted appropriately, arbitration can be a more informal, timely, and cost-effective method of reaching a resolution than traditional litigation, and it does provide the benefit of closure. Unlike mediation, however, binding arbitration does not allow the parties to maintain control over the outcome of the dispute or to explore other creative alternatives.

While arbitration is more informal than traditional litigation, it does require the implementation of some ground rules and the scheduling of a pre-arbitration conference (or multiple conferences) and a hearing. It also can be combined with the process of mediation to form a hybrid ADR service, which can be useful in certain circumstances. Please contact us to discuss the appropriate rules and procedures and any other questions you may have regarding our arbitration services.

A neutral case evaluation is a confidential process in which the parties present their views and positions to a professional who serves as a "neutral evaluator" - one who has significant knowledge and experience in the issues being presented. Generally speaking, the evaluator asks questions of both sides, seeks to determine the relative strengths and weaknesses of the parties' respective positions, reviews relevant evidence and/or case law, and provides his or her non-binding opinions about the issues and the likely outcome of the case, either verbally or in writing.

Neutral case evaluations can be conducted at any point in time, but, as with other ADR methods, it is often most beneficial when conducted in the earlier stages of the dispute. A neutral case evaluation can also be followed or otherwise combined with a more traditional mediation approach wherein the professional further seeks to explore settlement possibilities with the parties.

Creative Dispute Resolutions offers an experienced panel of retired judges and experienced attorneys who are able to conduct neutral case evaluations concerning a wide range of disputes. Please contact us for any assistance you may need in determining the appropriate professional.

A settlement conference is a confidential process in which the attorneys representing the disputing parties present their clients' factual and legal positions to a dispute resolution professional (typically, a retired judge), who then suggests ways in which the matter might be resolved. While the clients attend the settlement conference, most of the substantive communications are handled by their attorneys. The resolution professional assigned to conduct the settlement conference does not make any binding decisions, but he or she is able to provide helpful opinions based on experience, as well as an informed idea how the case might turn out should it proceed forward to trial. Often held once a public trial looms, settlement conferences can be very effective in providing an independent "reality check" for the parties.

Creative Dispute Resolutions offers an experienced panel of retired judges who are able to conduct settlement conferences for any length of time the parties need and concerning a wide range of disputes. Please contact us for any assistance you may need in determining the appropriate professional.

A summary jury trial is a process in which the parties present an abbreviated form of their evidence and arguments to a jury or to a retired judge and then receive an advisory "verdict," or a binding decision, if the parties so stipulate from the outset. Generally speaking, the attorneys make brief opening and closing statements and are allowed a limited amount of time to put on their cases through exhibit binders, narratives, and/or live testimony. The streamlined summary jury trial process lasts only one day and saves the parties considerable time and money when compared to the average jury trial.

If the parties only want an advisory "verdict," the summary jury trial can be quite helpful in giving each side a good idea how the case might be decided in front of an actual jury. Participants are encouraged to poll the "jury" after the process is concluded to gain feedback about their decision and their views of the parties' respective presentations. However, if the parties want the benefit of a streamlined process combined with the finality of an adjudication, they also have the option of agreeing to conduct a summary jury trial in which the verdict is binding. The parties must agree and stipulate to this option, but they do have the ability to be creative in agreeing how the verdict will be applied - e.g., subject to a high-low arrangement previously agreed upon.

There are a variety of options when it comes to conducting summary jury trials, so please contact us for assistance.