"An ounce of mediation is worth a pound of arbitration and a ton of litigation!" - Joseph Grynbaum
Whether the parties' dispute is in litigation before a court, an arbitrator, or an administrative agency, or even before litigation where the dispute has been raised through an attorney demand letter or internal company complaint or grievance, Rose Mediation can help.
What is Mediation?
Mediation is a voluntary confidential settlement process, managed by a neutral Mediator who is selected jointly by the parties. In mediation, all decision-making power rests with the parties, not the Mediator. As the Mediator, Ken Rose acts as a facilitator and catalyst for the parties to negotiate a mutually satisfactory resolution of the issues-- and thus bring closure to the dispute and dismissal of any associated legal proceedings.
Mediated Settlements Trump Pyrrhic Victories - The phrase Pyrrhic victory is named after King Pyrrhus of Epirus, whose army suffered irreplaceable casualties in defeating the Romans during a major battle in the Pyrrhic War of 280 BC. After the battle, the King replied to one who expressed joy of his victory that "one more such victory would utterly undo me."
Benefits of Mediation
- In mediation, the parties retain the decision-making power to reach their own resolution and chose the mediator, unlike litigation or arbitration where the decision-making authority is delegated to third parties judge, jury, arbitrator, appeals court.
- Mediation that leads to a resolution of the dispute brings the parties closure. Trials are very expensive, and the results are uncertain.
- Mediation saves the parties significant litigation costs, including attorneys' fees, court expenses, and lost business opportunities due to time spent in litigation.
- Mediation offers a confidential process. In litigation, there is the possibility of a published or publicized court decision.
- There are no perfect solutions in litigation, but mediation can help you arrive at the outcome everybody can live with.
Information Conveyed to Mediator Ken Rose Prior to the Mediation
Before the scheduled date for the mediation session, Mediator Ken Rose prepares by studying the information provided to him by the parties about the facts, applicable law, and history of settlement discussions (if any). Ken has the parties submit written position statements and relevant documents. In addition, Ken may speak by phone with each attorney to obtain further information.
Who Should Attend Mediations before Ken Rose?
All parties and their attorneys must attend the mediation session. Ken Rose expects that the parties will bring to the mediation those individuals who have settlement authority, or make certain that such individuals are readily available by telephone.
What Happens at the Mediation Session with Ken Rose?
Ken Rose serves as a neutral third party assisting the parties with the goal of reaching a voluntary resolution of their dispute. Ken works diligently with the parties to get to "YES." Ken will meet with the parties in joint sessions and private caucuses, listen to each side's views, address each side's underlying concerns, review the factual information and documents provided by the parties, and explore options that might result in a settlement. Ken will confidentiality discuss with each party his evaluation of the strengths, weaknesses, and potential outcomes from both legal and human factors perspectives, and work with the parties to creatively identify solutions that are acceptable to all involved. As a neutral Mediator, it is not Ken's role to decide who is right or wrong or issue a decision (as a judge or arbitrator would after a trial).
Duration of Mediation
A mediation session usually lasts from 4-8 hours. However, Ken Rose will make himself available to continue to work with the parties until the dispute is resolved.
Mediation is a Confidential Proceeding
Mediation is a confidential process and all communications during mediation sessions with Mediator Ken Rose are confidential. Neither party is bound by anything said or done at the mediation unless a settlement agreement is reached. Any information either party shares with Ken will remain confidential after the mediation unless the parties expressly agree to disclose the information. If the dispute does not resolve, and then proceeds through court litigation or arbitration, Ken will not give testimony at the trial about what occurred at the mediation, or produce the notes he generated during the mediation process.
Responsibility for Payment of Rose Mediationís Fees
Rose Mediation's fee for mediation is to be paid in equal shares by all parties and their attorneys, unless the parties agree otherwise.
What Happens When a Resolution is Reached with the assistance of Mediator Ken Rose?
When resolution is reached, the parties should prepare to sign a binding settlement document setting forth the terms of the agreement. A written signed agreement reached during mediation should be enforceable in court just like any other contract.