 |  |  |  |  |  |
Chudnof & Eder, PLC
Your Lawyer, Your Advocate
Mediation
Neutral Mediator
The attorneys of Chudnof & Eder, PLC are certified mediators and are available to mediate disputes. We offer competitive fees as well as the use of our facilities.
What is Mediation?
Mediation is a private, voluntary and confidential process in which a neutral mediator will facilitate communication among the parties in an effort to resolve a dispute. The mediator is not a judge and will not decide which party has a superior claim. The parites determine the substance of any agreement that is reached during mediation. While this agreement is voluntarily entered into by the parties, it is legally binding on those parties once it is signed.
What are the Benefits of Mediation?
Mediation is cost-effective -- It often provides significant cost benefit as compared to litigation.
Mediation is time efficient -- While litigation can drag on for months or years, mediation often allows parties to reach a mutually satisfactory resolution in only days or weeks.
Mediation is voluntary -- It allows the parties to craft their own solution to a dispute which often results in better outcomes. Mediation provides the parties an opportunity to take control of the legal process instead of letting a court decide their fate.
Mediation is flexible -- It allows the parties to discuss creative and individualized solutions. Mediation also allows the parties a chance to vent while discussing all issues and underlying concerns they feel are relevant to the dispute.
Mediation can preserve relationships -- The relationship between parties can be preserved or strengthened by the open communication inherent in mediation. Bonds can be forged as the parties work together to craft a mutually acceptable agreement in direct contrast to the adversarial nature of court proceedings.
Mediation is confidential -- Parties can talk openly during mediation as all communications during the process are confidential and cannot be used in court.
Mediation does not preempt rights -- If mediation does not resolve the dispute, the parties have not lost any legal rights and remain free to pursue all legal remedies available to them prior to mediation.
How does Mediation Work?
Mediation begins with an opening statement from the mediator setting the ground-rules for the mediation. Each party then has an opportunity to discuss the dispute as they see it. This process allows the parties to explain the issues in their own words. Each party then offers an explanation of how it would like to see the dispute resolved. After the parties have had an opportunity to be heard, the mediator will clarify the issues and prepare an agenda in preparation for a more expansive discussion. The mediator will help the parties communicate their needs and underlying interests and then attempt to facilitate discussion which considers various options and resolutions.
How can Chudnof & Eder, PLC Help Me with the Mediation Process?
The attorneys of Chudnof & Eder, PLC are certified mediators with vast experience related to economics, negotiations and dispute resolution. In addition to acting as mediators, our attorneys serve as counsel to clients involved in mediation.
Mediation Counsel
The attorneys of Chudnof & Eder, PLC have an intimate familiarity with the mediation process and can help represent your interests throughout the mediation process.
Disputes Appropriate for Mediation
Mediation can be used effectively to resolve most disputes from simple to complex claims. While complex disputes usually take more time to negotiate, the mediation process is an effective tool used to clarify issues and interests on the road to a mutually satisfactory agreement.
Mediation is often most effective when used concurrently with litigation. The trend in Michigan is for court's to order parties to mediation in an attempt to resolve their issues prior to trial.
The following are types of disputes appropriate for mediation:
-Business & Contracts
-Consumer & Merchant
-Landlord & Tenant
-Property
-Employment
-Family
-Divorce, Custody & Support
-Probate
-Senior Citizens
-Special Education
-Mental Health
-Neighborhood
-Small Claims
Neutral Arbitrator
The attorneys of Chudnof & Eder, PLC are certified mediators and are available to arbitrate disputes. We offer competitive fees as well as the use of our facilities.
Arbitration Counsel
The attorneys of Chudnof & Eder, PLC have an intimate familiarity with the arbitration process and can help represent your interests throughout the mediation process.
Disputes Appropriate for Arbitration
Arbitration can be used effectively to resolve most disputes from simple to complex claims. While complex disputes usually take more time to arbitrate, the arbitration process offers significant time and cost savings as compared to litigation.
Arbitration is most effective when both parties are represented by counsel. The trend in Michigan is for parties to participate in arbitration in lieu of litigation.
The following are types of disputes appropriate for arbitration:
-Business & Contracts
-Consumer & Merchant
-Landlord &Tenant
-Property
-Employment
-Family
-Probate
-Senior Citizens
-Special Education
-Mental Health
-Neighborhood
-Small Claims
How do Mediation and Arbitration Differ?
As described above, Mediation involves a neutral person who facilitates communication among parties in an attempt to have the parties reach a settlement agreement.
Arbitration involves a neutral person who acts as a fact-finder, judge and jury. The arbitrator presides over proceedings in which counsel for each party presents evidence much like a trial. The arbitrator reviews this evidence and renders a decision which is binding on the parties.
Arbitration may be preferrable to Mediation where the parties want to ensure that their dispute is resolved and seek to have their claims validated by a neutral third party. In arbitration, the parties do not have the opportunity to fashion their own resolution in a mutually agreeable settlement.
Arbitration is generally more appealing than litigation because of its potential efficiency with respect to time, cost and procedure. This is generally true because the parties control the process:
-The parties are free to choose the decision-maker.
-The parties can fashion how the award is given.
-The parties may modify the arbitration procedure.
-The parties may limit the amount of discovery.
-The parties may not appeal the arbitrator's decision.