Mediation is a 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.
Mediation is a way to resolve disputes that are in litigation, and to avoid the need to resort to court altogether. Unlike litigation, mediation is a timely and cost-effective process that enables parties to resolve their disputes and achieve certainty. More >>
Conciliation is a process where a neutral third party—the conciliator—assists the parties in clarifying and seeking to resolve issues—substantive, procedural, or both. It is used primarily for cases already in litigation. Conciliation differs from mediation in that the goal is not to resolve the dispute in its entirety—although that could happen—but, rather, to seek solutions for intermediary issues or minor aspects of claims. More >>
Case evaluation is a process where parties present their cases to a neutral third party—the case evaluator—in order to obtain that person’s feedback and opinion as to the strengths and weakness of their respective cases, and a non-binding opinion as to how the case should be resolved. Because the case evaluator expresses opinions and reactions to each party’s case in an effort to draw the parties closer to resolution, this process is sometimes referred to as directive mediation.
There are times when parties are not engaged in a dispute, but, to the contrary, are seeking to reach agreement on a desired business transaction. Despite their mutual desire to get the deal done, however, they may experience hurdles, and may benefit from the involvement of a neutral third party. More >>
Arbitration & Reference
Michael can serve as an arbitrator in binding and non-binding arbitrations, or as a referee in statutorily required insurance loss reference or appraisal hearings.