conflict resolution

 

Kushner Mediation

Creative Alternatives For Resolving Disputes

  


Frequently Asked Questions

What is the difference between MEDIATION and ARBITRATION?

Both are known as Alternative Dispute Resolution and, although both are voluntary either by selection or contract, each is distinctly different.

MEDIATION is an informal, confidential meeting that helps parties to resolve conflicts with the assistance of a MEDIATOR (also called NEUTRAL or FACILITATOR). Each of the parties present their issues, then options are reviewed, discussed, and negotiated in order to reach a mutually satisfactory agreement. Unlike ARBITRATION, MEDIATION offers creative solutions. It is a fast and economical way of resolving disputes.

ARBITRATION is like a modified trial without a jury, and the ARBITRATOR can be a Judge, Attorney or Professional Arbitrator with experience and expertise in the area being disputed. Arbitration can involve some elements of the court process, such as evidence and testimony from witnesses, and representation by attorneys is not always essential, as the process is informal. Whether one participates in Binding or Non-Binding Arbitration, the outcome is decided by the Arbitrator. A Binding decision is final and cannot be appealed.

Who should go to MEDIATION?

Everyone should attempt MEDIATION however, keep in mind that because it is a voluntary process, one can only convene a case if all parties agree to participate.

What kind of cases can be resolved through MEDIATION?

Just about any small or large scale civil dispute including business, real estate, community, medical malpractice, insurance dispute, divorce dispute, etc. may be resolved through MEDIATION.

Do I need an Attorney during MEDIATION?

You can participate in either process with or without an attorney, however, if the case is complicated, contractual or involves large monetary issues, having an attorney would be advantageous.

Does MEDIATION pre-empt my option to go to court?

If MEDIATION does not resolve the dispute, both ARBITRATION or taking the matter to court may be valid options.

Are you still maintaining your Interior Design and Consulting Business?  

I am selective in choosing the design projects on which I work and devote a portion of my schedule to those endeavors.   I find creative similarities in both design and conflict resolution, those being the challenge of a new project, problem solving and solutions.  In both disciplines I manage to resolve issues and bring harmony, balance and sometimes even inspiration into people's lives.  My passion for Mediation and Arbitration includes the satisfaction of relatively fast results, whereas a substantial design project can take months or years to complete.



 
© 2010 Kushner Mediation