Mediation & Arbitration
The two most common mechanisms are mediation and arbitration, and a fusion of the two referred to as med/arb.
ADR as an option
Not all disputes require an adjudicated outcome, whether through Court determination or arbitration. In both mediation and arbitration, an inclusive process and respect for party autonomy is essential. This focus ensures the process towards resolution is one with which the parties are comfortable, is efficient and maximizes the prospect for satisfactory resolution. Importantly, in mediation the parties craft a resolution themselves with facilitation and assistance from a mediator.
A mediator ensures that the resolution achieved is satisfactory to the parties and results from a process they crafted and with which they are comfortable.
Effective facilitation involves:
Creative and flexible intervention by the Mediator
Firm guidance without pressure
Respect throughout for the parties and their perspectives
Party autonomy over process, the role of advocacy and the like
Maintaining impeccable objectivity throughout
In 2017, Mr. Derer and Ms. Lutz continued their ADR practices in association with one another. Marney and Ivan share a complimentary base of experience and a commitment to the effective, efficient and principled execution of their work in the ADR field. They are supported by an experienced and dedicated team of assistants.