95 Allens Creek Road
Rochester, NY 14618
What is Mediation?
Mediation is a process in which a neutral third person called a mediator acts to encourage and facilitate the resolution of a dispute between two or more parties.
The process is informal and non-adversarial with the objective of helping the disputing parties reach a mutually acceptable and voluntary agreement. In mediation, decision-making authority rests with the parties. While mediation may be ordered by the court, it may also be voluntarily initiated by the parties either before or after filing a lawsuit.
The statutes and rules governing mediation require a mediator who must have no connection to the case, must be able to remain impartial throughout the process, and must encourage the parties to make their own decisions.
Mediation has become very popular. In many cases, mediation is mandated before a case is allowed to go to trial. It has been very helpful in resolving differences between parties, and in reducing the number of cases going to trial (freeing time for the courts and saving time and money for the litigants). Mediation is utilized in nearly all forms of civil litigation cases.
Mediation opens lines of communication and allows parties to explore all settlement options in order to resolve disputes. Everything said during mediation is confidential and (except as provided by law) may not be repeated to anyone other than the other party or the party’s attorney. Mediation can provide parties more control over the outcome of their case, normally allows the case to be resolved sooner, and can save on the overall expense involved in the case.
Retired Supreme Court Justice Matthew A. Rosenbaum is an experienced mediator and arbitrator, and his more than 30 years both litigating (as a practicing attorney in three states) and trying (as a Supreme Court Justice) cases, brings a valuable perspective to parties embroiled in litigation. As your mediator, Matthew Rosenbaum facilitates a fair and effective mediation process to help bring the parties together, and opens the door towards a possible resolution.
Types of Mediation:
Slip and Fall