Cases to Which Mediation is Suited
An article by Douglas J. Widman, Esq.
In mediation, the parties select a neutral third party to serve as their mediator. The role of the mediator is to assist and guide the parties, who are actively involved in the process, to a mutually acceptable conclusion of their dispute.
Mediation has been successful in a broad range of cases that exhibit characteristics such as:
- The parties have an ongoing business or personal relationship or have had a significant past relationship;
- Communication problems exist between the parties;
- The principal barriers to settlement are personal or emotional;
- Parties want to tailor a solution to meet specific needs or interests;
- Cases involve complex technical or scientific data requiring particular expertise;
- The parties wish to retain control over the outcome of the case;
- Or the parties seek a more private forum for the resolution of their dispute.
While all case types could potentially benefit from mediation, commercial, construction, employment, environmental and Law Against Discrimination (LAD) cases and certain General Equity and Probate cases are particularly suited to mediation because they tend to exhibit some of the characteristics described above.
Presumptive Mediation vs. court-assigned mediation
The following case types are referred to presumptive mediation. If you would like court-assigned mediation, use the following codes on your Case Information Statement (CIS) form. Their code numbers are noted on lawsuit court filings as follows:
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005 – Civil Rights (excluding suits filed by prisoners)
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618 – Law against Discrimination
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156 – Environmental Litigation
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399 – Real Property
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599 – Contract / Commercial
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699 – Tort
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607 – Other Professional (not Medical) Malpractice
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509 – Employment (other than CEPA or LAD)
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608 – Toxic Tort
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305 – Construction
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302 – Tenancy (not Special Civil Part matters)
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616 – Whistleblower (CEPA)
Contact Davison Eastman Muñoz Paone, P.A. Today for Mediation Services
For three decades the attorneys at Davison Eastman Muñoz Paone, P.A. have applied their in-depth experience and outstanding service to clients in an increasingly wide spectrum of the law, including arbitration, mediation and dispute resolution services.
Our clients trust us to represent them on a multitude of general and complex issues that might arise in any business, individual or family setting.
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