Mediation

Kane Kessler provides private mediation services for parties who want to avoid the time and expense of protracted litigation. The firm’s approach varies with each mediation, but it is always predicated on a commitment to being honest with the parties, explaining every avenue of resolution, remaining impartial, maintaining confidentiality, and respecting the views and decisions of counsel and their clients.

Mediation is a dispute resolution process in which an impartial third party – the mediator – facilitates negotiations among the parties to help them reach a mutually acceptable settlement. The major distinction between mediation and arbitration is that, unlike an arbitrator, a mediator does not make a decision about the outcome of the case. The parties, with the assistance of their attorneys, work toward a solution with which they are comfortable. The purpose of mediation is not to decide who is right or wrong. Rather, its goal is to give the parties the opportunity to (1) express feelings and diffuse anger, (2) clear up misunderstandings, (3) determine underlying interests or concerns, (4) find areas of agreement, and, ultimately, (5) incorporate these areas into solutions devised by the parties themselves.