Mediation is designed to help disputing parities reach a resolution outside of a combative litigation process. A trained mediator is responsible to act as a neutral third party with the goal of helping disputing parties find common ground.
Decades of Experience Helping Clients Resolve Disputes Through Mediation
As opposed to litigation and arbitration, a mediator does not decide on a resolution. A mediator is trained to help disputing parties move past barriers in pursuit of a resolution that makes sense. This form of alternative dispute resolution allows disputing parties to remain in control and can save both sides’ time and money. If you are dealing with a securities dispute, contact my law firm for a free consultation. I am Chicago investment attorney John C. Barlow with more than 33 years of experience. I can evaluate the facts of your case to help you understand if securities mediation would be smart for you to consider.
What is the Structure of Securities Mediation?
Securities mediation can vary based on the mediator’s style. The mediator may recommend for you and the opposing party to meet face-to-face to find ways to resolve the dispute in an amicable manner. Depending on the nature of the securities dispute, the mediator may want you to meet without your lawyers present. Mediators are also known to hold private sessions with each side, if meeting in-person would be counterproductive. Securities mediation does not have to be a rigid process. A trained mediator will know the right way to tailor a session in an effort to move the negotiation process forward.
What is the Mediator’s Role?
In many ways, mediators act as neutral referees focused on helping parties resolve their differences outside of litigation. A mediator does not have a personal tie to either side and does not stand to win or lose from the dispute. Instead, his or her focus is to help disputing parties define upfront the rules and terms of mediation. Each side should go into mediation with a full understanding of how the process should work.
During mediation, the mediator is responsible to create a constructive environment for each side to address their concerns. Mediators are trained to help parties in dispute understand any common ground in an effort to move past roadblocks and find workable solutions. Unlike litigation or arbitration, a mediator is not responsible to assert their opinions or make a ruling. They focus on helping disputing parties define the real issues at the heart of a dispute and find realistic resolutions.
An unbiased mediator can also help parties see the strengths of the opposing party’s case or the weaknesses in their own case. Securities mediators are trained to handle investment disputes and are knowledgeable on the issues that can create conflict. They are often highly effective at helping each side move past any false perceptions. The right mediator will allow you and the other party to remain in control, while helping you move past any conflicts.
Mediation Has Proven to be Successful
Business disputes that have gone through mediation are known to have about an 80% settlement rate. This is mostly based on the non-combative approach that allows disputing parties to remain in control outside of a costly trial. Mediation can be used to resolve a dispute in its entirety or can help disputing parities focus on one key issue that can be resolved outside of litigation. Generally, mediation is highly successful at helping dispute parties:
- Break down communication barriers
- Narrow down the issues involved
- Clear up any false assumptions or misunderstandings
- Move past any emotional roadblocks
Mediation can often lay the groundwork for a better understanding between parties. Any future disputes are more likely to be resolved outside of litigation, if mediation proved to be successful initially. If you are interested in learning more about this form of alternative dispute resolution, contact my law firm for a free initial consultation in Chicago, Illinois.