Mediation and Arbitration Philosophy
The resolution of complex commercial disputes requires a thoughtful and proactive approach. Each case is unique and the third-party neutral should customize every mediation or arbitration proceeding to meet the parties’ specific needs.
The mediator or arbitrator should be engaged during the early stages of the parties’ dispute resolution efforts. This allows the third-party neutral to guide the process toward the desired outcome while becoming familiar with the parties, their legal counsel and the key factual and legal issues.
There is great value in the prompt, good faith exchange of the critical evidence in both mediation and arbitration. This is especially true when the exchange is followed by appropriate and open lines of communication between the mediator or arbitrator on the one hand, and the parties and their counsel on the other. This collaborative approach helps narrow the issues for thoughtful consideration by the decision makers and it contributes to a highly productive mediation session or efficient arbitration evidentiary hearing.
The third-party neutral must be a good listener with the patience and flexibility to allow the mediation or arbitration to evolve fairly and efficiently through the combined efforts of all participants, and he or she must always be prepared to participate in a proactive manner, set reasonable expectations and encourage a practical evaluation of the parties’ chances for a cost-effective outcome.
Most importantly, Gene’s years of experience with mediation and arbitration as a client advocate and third-party neutral has allowed him to develop the instincts and judgment that are needed to envision new strategies and a pathway to keep the process working toward either a satisfactory settlement outcome or a decisive final arbitration award.
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