Alternative Dispute Resolution
Breakups are hard to do, but when they must be done, it is critical that they be done correctly. With many years of experience litigating business, divorce and estates disputes, we have a keen understanding of both the inter-personal and the dollars and cents side of disputes. Through our mediation and arbitration services we specialize in helping people fashion creative and practical solutions to difficult breakups.
MEDIATION
Mediation is an alternative dispute resolution procedure where the parties work together in a private, confidential environment with a neutral third party (mediator) to discuss the facts and circumstances of their dispute to see if they can reach a voluntary agreement on how best to resolve their issues. It is likely the most frequently employed alternative dispute resolution procedure (largely due to court mandates) by which people resolve their disputes across the United States today.
Some of the main reasons why mediation so frequently results in settlement are (1) the high cost of court room battles, (2) the lengthy time periods it generally takes courts to decide cases and (3) the uncertainties concerning what the ultimate outcome of litigation will be. While such considerations are important, they do not tend to focus parties on the real benefits of mediation. As a result, many participants in mediation feel shoe-horned into resolving their dispute in unsatisfactory manners. Sometimes this results in breaches of the settlement agreement that lead right back to court. Other times, the parties’ dissatisfaction plagues their post-settlement relations in manners that adversely affect their lives for years. Either way, such mediated resolutions cannot be considered a success.
Successful mediations result when the parties recognize that ONLY they have the power to fashion a resolution to their dispute that will truly be satisfactory. This truth is critical, but seldom considered by those engaged in mediation. The reasons why only the parties can reach a truly acceptable resolution are quite simple. First, courts only have limited powers. Frequently, the relief that would be most satisfactory the courts do not even have power to grant. Second, no one knows the issues in dispute as intimately as the parties. Judges and juries on their best days are rarely, if ever, going to be able truly put themselves into the parties’ shoes to be able to see how the judgments they render and the relief they grant will affect the parties. Finally, it is only the parties who actually know the truth concerning the issues in dispute and the truth is the cornerstone of any satisfactory solution. No solution that is ever based upon a lie will every truly satisfy, even though the lie may be to the advantage of one or another party. When the warring parties recognize this, they can often work together in ways that they would never have imagined to fashion settlements that are durable and satisfactory. This is when the full power of a mediated resolution is manifested.
If you desire to successful mediate your dispute, rather than just resolve your dispute through mediation, then the most important decision you will make is who you choose to mediate your dispute. Selecting a mediator is a very personal decision. Some of the factors that we recommend you consider include:
- The parties’ confidence in the personal integrity/impartiality of the mediator.
- The mediator’s knowledge of the relevant law and ability to provide impartial feedback on the relative merits of parties’ positions as they relate to the court where the dispute will ultimately be decided if mediation fails.
- The willingness and capacity of the mediator to understand the human side of the conflict and properly account for those dynamics in helping the parties fashion a durable solution.
- The mediator’s ability to see, typically before the parties do, the place where a mutually satisfactory resolution can likely be reached and to help the parties find that place.
If you believe that Attorney Atherton can help resolve your dispute, please give us a call. We may be able to mediate your dispute in person or virtually via Zoom or some other means.
ARBITRATION
Arbitration is a trial alternative that works exceedingly well in many situations. This is particularly true where the parties have agreed to arbitrate their disputes long before any disputes arise. If you need sample arbitration language to include in your business contracts, pre-nuptial agreement, trust, purchase and sale contract or other agreement, just get let us know. We’ll be happy to provide it. Even when disputing parties have no such agreement in place ahead of time, arbitration is often preferred, particularly by businesses and/or individuals looking for privacy, a quicker and often more cost-effective path to resolution, the specialized knowledge required to properly understand and decide the issues, or the ability to define the legal regime that will govern resolution.
Whatever may be your reason for considering arbitration, the fact that an arbitrator’s decision is final and generally unappealable places a premium on selecting the right arbitrator. In our experience, some of the critical factors you will want to consider are the arbitrator’s
- personal integrity and impartiality;
- knowledge of the applicable law;
- ability to understand the nature of the parties’ dispute; and
- capacity to discern the truth from conflicting testimony.
If you would like Attorney Atherton to arbitrate your dispute, please give us a call to discuss whether and on what terms that might be done.
CHRISTIAN ALTERNATIVE DISPUTE RESOLUTION (ADR)
Christians get into disputes just like anyone else. As a Christian Minister for decades, Attorney Atherton knows this truth very well. In his capacity as a minister, he has seen the Lord move in extraordinary ways to resolve disputes, restore relations and work out solutions in situations that seemed impossible to all concerned. In his capacity as an attorney, he is steeped in helping a wide variety of clients resolve their family, business, estate, and other disputes through negotiation, litigation and alternative dispute resolution. These experiences uniquely qualify Christian Minister and Attorney Steven H. Atherton to help churches generally and believers specifically resolve their disputes through negotiation, mediation and/or arbitration.
In providing mediation and arbitration services to the Christian community, Mr. Atherton is keenly aware of Christ’s warnings to lawyers and guidance to believers on various matters as well as the Apostle Paul’s admonition to the Corinthian Church, where he stated:
- Dare any of you, having a matter against another, go to law before the unjust, and not before the saints?
- Do ye not know that the saints shall judge the world? and if the world shall be judged by you, are ye unworthy to judge the smallest matters?
- Know ye not that we shall judge angels? how much more things that pertain to this life?
- If then ye have judgments of things pertaining to this life, set them to judge who are least esteemed in the church.
- I speak to your shame. Is it so, that there is not a wise man among you? no, not one that shall be able to judge between his brethren?
- But brother goeth to law with brother, and that before the unbelievers.
- Now therefore there is utterly a fault among you, because ye go to law one with another. Why do ye not rather take wrong? why do ye not rather [suffer yourselves to] be defrauded?
- Nay, ye do wrong, and defraud, and that [your] brethren. I Corinthian 6:1-9.
He also knows the riches of the Old and New Testaments’ abundant teachings on and case studies of God’s justice, judgment, wisdom, mercy, grace, equity, power and love prevailing in the affairs of men. Trusting in that same Lord (who remains the same yesterday, today and tomorrow), Mr. Atherton is blessed to be a part of God’s ministry to His Body through his Christian Alternative Dispute Resolution practice. If you believe Mr. Atherton can be of help to satisfactorily resolving your dispute, please give us a call to discuss how he might be able to do that.
Our Alternative Dispute Resolution/Arbitration/Mediation Videos
Mediation Intro Video
Fundamentally mediation is about self-determination. It is an informal, private, confidential process that empowers the parties – rather than a judge or arbitrator – to work cooperatively to construct a resolution that best suits their unique needs. In mediation, the parties are in complete control of the outcome. Any settlement is completely voluntary. And no one will be strong-armed into accepting a solution that they do not want. When each side begins to listen to the other, as facilitated by the mediator, each often hears a far different perspective than what they had anticipated. Anger softens and turns to understanding. Understanding leads to consideration and consideration produces amicable resolutions that neither party had believed possible at the outset. Given the breadth and depth of my legal and life experiences, I can help people mediate all sorts of disputes, including divorce, business breakups, boundary line issues, partition actions, and estate matters to name a few. If you would like to learn more about our mediation services, please give me a call.
Please click the image to the right to watch the full video.
Divorce Mediation Video
Divorce is traumatic for all concerned and that trauma spreads well beyond the parties to their children, families, friends and often, even their places of work. Seldom are the participants at their best in the midst. Insecurities (both financial and emotional) are heightened, fears palpable, and loss is a reality for all parties. Such circumstances can seem daunting and even impossible to overcome in order to work cooperatively to construct your own solution. However, that is exactly what I am trained to do as a mediator. My job is to provide a safe, secure, and private space where the parties can talk. Now, as much as you may want to avoid such a conversation you need to have it – not only for your own sake, but also for the sake of all those who love both of you, particularly your children. Your ex-spouse will still be family even after the divorce is finalized. Your children – even your adult children — want you both to be involved in the important events of their life. They do not want you to ruin their extracurricular activities, graduations, marriages, and other milestones. And you – when you stop and think about it – do not want that either. Mediation provides the divorcing parties the opportunity to look past themselves and their present rift to consider how they want to structure their post-divorce relationship. If you can’t work that out, then a Judge will do that for you and you will get a legal solution to a family problem. If you believe that I can be of help to you by mediating your family’s dispute, please give me a call.
Please click the image to the right to watch the full video.
Real Estate Mediation Video
Real Estate is one often one of the happier areas of the law. However, when a dispute arises with a contractor, neighbor, co-owner, former owner, or easement holder they can be some of the most difficult and costly disputes to resolve. I suspect this may be because real estate disputes are so personal. Many times I have seen people pay more in legal fees than the value of that which is in dispute is worth. I offer parties an alternative approach. Mediation is an informal, private, confidential process that empowers the parties – rather than a judge or arbitrator – to work cooperatively to structure a resolution that best suits their unique needs. When helpful, this can involve me visiting the property in dispute with the parties and relevant professionals – i.e. surveyors, engineers, contractors, and realtors – on hand to answer questions and provide counsel as issues are discussed and possible resolutions considered. Through mediation, the parties are empowered, by the skillful facilitation of the mediator, to evaluate options, listen to one another’s concerns, and work together to structure a resolution of their own making. If you believe I may be able to help you to resolve your real estate dispute, please give me a call so we can talk.
Please click the image to the right to watch the full video.
Business Mediation Video
Business disputes, particularly during break-ups or transitions, can be devastating – both personally and financially. Quick, effective, and agile intervention is often needed to avert or minimize the harm done. Arbitration can, in certain instances, be a great option when parties just need someone to decide for them quickly and effectively. If that is your preference, feel free to contact me about my business arbitration services. On the other hand, I believe many business disputes – particularly those involving business partners or long-time business associates — are better suited to resolution through mediation. Mediation provides the opportunity for people – who formerly engaged in constructive conversations, but for one reason or another have reached an impasse – to re-engage. If you believe I may be able to help you to mediate your business dispute, please give me a call.
Please click the image to the right to watch the full video.
Business Arbitration Video
As an experienced businessman, attorney, and litigator I understand that time is money, and that the legal system can often move excruciatingly slow and be a very costly manner to resolve disputes. As a court certified mediator, I also know that not all disputes will be resolved through mediation. Sometimes the parties just need a neutral third party – who understands both business and the law – to listen to both sides in a fair and objective way and issue a final decision for them. I find that many businesses prefer arbitration because: Disputes can be resolved swiftly and effectively, Legal fees and expenses can be dramatically reduced through a variety of means, The parties get to choose the person that they entrust to make the decision for them, including accounting for expertise that the parties know will be helpful to understanding the issues in dispute. Arbitration offers far more privacy than the court system, which in certain situations is very important. Moreover, the procedures employed can be tailored to meet the specific needs and preferences of the parties. Finally, the awards are usually final and binding – meaning both parties have to follow it, and there is little or no right to appeal. If you believe I may be able to help you resolve your business dispute through binding arbitration, please give me a call.
Please click the image to the right to watch the full video.
Estate Mediation Video
I understand intimately the difficulty that families can have dealing with one another to resolve the financial and other issues that arise when a loved one dies or needs assistance as they near the end of their life. Courts are not designed to resolve such family issues. They are designed to render legal decisions. Mediation, while generally not required in probate court as it is in the civil and family courts, offers families an opportunity to resolve their disputes themselves in a manner that is far superior to that which the legal system offers. My job as a mediator is not to decide your dispute for you, but rather to listen closely to all concerned and facilitate a constructive process that empowers your family to pull your family’s issues out of the legal system to fashion a solution that meets your family’s unique needs. Often, warring families are pleasantly surprised to find that they can reach an amicable agreement that preserves familial relations intact in ways that they could not imagine, strengthening the family as a unit so that the family is better equipped to successfully face future challenges as they arise. If you would like to learn more about my mediation services to those who are dealing with estate and end of life issues, please give me a call. I am pleased to help.
Please click the image to the right to watch the full video.
