Successful Mediation Through Your Ally Law Member Firm

Despite historic resistance to alternative or external dispute resolution (ADR) by many parties in many jurisdictions throughout the world, in recent years ADR has gained widespread acceptance among both the public and the legal profession. In fact, many courts now require some sort of ADR (usually mediation) before permitting a trial to go forward. Mediation is usually less formal, less expensive, and less time-consuming than a trial. Best results in mediation – as in litigation – are achieved when the attorneys understand the process and are able to competently guide their clients through it, and when the mediator in charge is experienced and able to efficiently get to the heart of the disputants’ concerns.  Your Ally Law member firms have attorneys qualified in both representing their clients in mediation settings and in serving as competent mediators.

Mediation is not a search for the truth like a trial; it is a search for settlement. An attorney who successfully represents her clients in mediation must identify with the goals of cost savings, husbanding of non-pecuniary resources, preserving of relationships, privacy and other client-specific interests. A skilled mediator in charge is a strategic thinker and one who either has or can gain the confidence of all parties and their counsel; she must be able to subtly influence the parties so they are not interested in digging for the truth, but rather in finding a resolution and final settlement of the issues at hand. If you are involved in a business conflict, consult your Ally Law member firm attorney to determine which ADR method may best solve your particular issues.  Ally Law member firms have attorneys proficient both in representing clients in ADR situations and in acting as lead facilitator in the many forms of ADR available to disputants.  Ally Law ADR practitioners regularly attend the Ally Law ADR Specialty Group meetings to share experiences and best practices so that their clients benefit from the most current and effectivce practices in the evolving ADR arena. For more information about our services in this area, contact us at yourally@ally-law.com.

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By Herb Silber, QC, of Kornfeld LLP.