A Voluntary Alternative Dispute Resolution (ADR) Process in which the Mediator is Neutral and Unbiased and the Parties are the Decision Makers

Mediation is a dispute resolution process which is mutually chosen by the parties to a dispute. The disputing parties engage in the mediation process voluntarily, and present their respective positions, interests and goals to the mediator who is a neutral and unbiased facilitator in the discussions between the parties. If the parties agree to a mutually satisfactory resolution to their dispute, then the parties, with the assistance of the mediator, will conclude the mediation with a written and enforceable agreement. This process enables the parties to craft an agreement with provisions and flexibility that are generally not available in judicial decisions.

Attorney McLaughlin is a thoroughly trained and experienced mediator with the necessary skills to assist the parties in identifying and expressing their underlying concerns, needs and goals, and assisting them in the creation of a mutually satisfying resolution.

CONCILIATION

Experience and Expertise to Assist in Evaluating Disputes and Assisting in Reaching Resolution

Conciliation is an alternative dispute resolution (ADR) process that is generally used in pending litigation, and is often a process that the Court refers the parties to participate in before the case proceeds to a trial. The conciliator is generally an experienced attorney, or often a retired judge, who by virtue of their training and experience are well-suited to assist the parties, and their legal counsel, in evaluating the merits of the pending case, and often the economic value of the underlying case. The conciliator uses that wealth of knowledge and experience to assist the parties and their legal counsel in reviewing the case, and considering alternatives and valuations methods to reach resolution without the necessity of a trial.

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As a trained and certified conciliator, with over four decades of extensive litigation and trial experience, Attorney McLaughlin has the necessary experience and expertise to provide the type of evaluative assistance and guidance that parties and their counsel need to reach a solution before trial.

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ARBITRATION

Private and Binding Resolution of Disputes

Another common form of alternative dispute resolution (ADR) is arbitration which provides a private and binding resolution of the dispute. Unlike court litigation which is a public administered by a branch of the government, arbitration is provided by and through an independent arbitrator, or an arbitrator affiliated with a arbitration organization. The results of the arbitration are not generally accessible to the public. A primary goal of arbitration is to be faster and less expensive that litigation. But these goals can be hindered and frustrated if the parties and their counsel do not diligently pursue such timeliness and cost-savings.

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In arbitration the arbitrator acts as the judge and jury. The arbitrator manages the pre-hearing procedures, and then conduct a hearing in which the arbitrator receives testimony and evidence, then weighs and considers the evidence and the merits, applies the appropriate law, and renders a binding and enforceable decision.

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Arbitration decisions are not subject to appeal, except for a few very narrow reasons.

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Attorney McLaughlin received his arbitration training through the American Bar Association (ABA) and is an arbitrator for the Commonwealth's Home improvement Contractor Arbitration Program, and is a public arbitrator for FINRA the financial industry regulatory authority.

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With his extensive litigation and trial experience Attorney McLaughlin is well-suited to act as arbitrator in a wide variety of civil and commercial disputes.

For more information about our services, simply reach out.