Mediation, like arbitration, is a method of resolving disputes outside the courtroom in a confidential and informal manner. Mediation is only available with the agreement of the parties. The proceedings are run by a neutral mediator. The mediator helps the parties create the terms of their own settlement. Unlike a court or an arbitration panel, the mediator does not decide your dispute for you. In many cases, courts and arbitrators are unable to reach outcomes which suit the parties’ concerns and circumstances as well as the parties can themselves with the aid of a skilled mediator. In those cases, the parties may be better able to craft an agreement that is beneficial to the parties’ true interests. A good mediator must take into account the personal and specific concerns of the parties and have the skills to help them craft an agreement.
For mediation to work, the parties must be prepared to work together toward a mutually beneficial resolution. All too often, attorneys engaged to fight are ill equipped to switch gears from the fighting mode to the more conciliatory approach needed to help the clients reach an agreement that works for both sides.
The attorneys at Kahn & Associates are certified in mediation techniques and procedure and are qualified both to act as mediators and to represent clients in helping them reach mediated solutions to complex problems. Our firm is dedicated to obtaining the result you want and we have been helping clients reach favorable mediation settlements for decades. Recent examples of the parties we have assisted with our mediation skills include:
- Investors and public company, officers and directors and their primary and excess insurers;
- A multi-national corporation and its multi-national accountants;
- Shareholders and a public company’s accountants;
- Investors in a public offering and the offering’s underwriters;
- Claimants against a Delaware bankruptcy estate;
If you are facing a mediation and want the competent and experienced attorneys of Kahn & Associates at your side, call or email us to discuss how we can help you get the resolution you deserve.