Mediation is a facilitated settlement discussion in which a mediator assists the parties to a dispute to find some settlement that typically does not meet all the needs of either party, but meets the needs of all parties better than allowing the dispute to continue. No resolution is imposed upon any party; the parties must agree upon the terms of a settlement for the dispute to be ended.
Arbitration is a proceeding in which the arbitrator(s) decide a dispute and the resolution is imposed upon the parties. It is generally regarded as a simplified, quicker and less expensive alternative to litigation in the court system.
Our firm has a number of attorneys who serve as mediators and arbitrators, both when appointed by a court and when selected by the parties. Although arbitrations cover many areas of law, securities law has been chief among them in recent years. The attorney mediators regularly mediate a wide variety of disputes, including business and general civil litigation, corporate governance, family and estate disputes, regulatory matters, employment matters, civil rights disputes, land title and boundary disputes, construction disputes and personal injury cases.
Kenneth J. Gumbiner
Robert G. McIver