Litigation has an avaricious appetite for time and money—exacerbated by clogged court calendars, seemingly endless depositions and other discovery (often including expensive electronic discovery), and
ever-increasing fees and costs—and is imbued with a rigid process and a pervasive uncertainty as to outcome.
Isn’t there a better way?
Mediation at BDRS.
Mediation is a way to resolve disputes that are in litigation, or to avoid the need to resort to court. Unlike litigation, mediation is a timely and cost-effective process that enables parties to resolve their disputes and achieve certainty. For parties with an ongoing business relationship, mediation provides a less adversarial forum in which the parties can resolve their immediate conflict, and then move forward.
Mediation is a voluntary, confidential, and informal process where an impartial third-party—the mediator—assists the parties in reaching a resolution of their dispute. Although the mediator guides the process, the mediator is not acting as a judge, arbitrator, or fact finder. The parties—not the mediator—decide how the dispute will be resolved.
At BDRS, mediation is based primarily on a facilitative model of mediation (derived in part from concepts developed at the Harvard Negotiation Project), where the mediator facilitates communication and negotiation among the parties, and helps the parties explore and define their interests and goals, and develop options for a resolution. The process is tailored as needed to meet the needs and desires of the parties, and to provide services in an efficient and productive manner.
Please see the Mediation Process at BDRS for detailed information about how sessions are conducted, and confidentiality.
Please see Principles of Mediation for a summary of the principles of mediation followed at BDRS—including the confidential nature of the sessions.