Mediation often referred to as Alternative dispute resolution or ADR is a form of dispute resolution in which a neutral third party assists parties involved in a dispute in reaching a voluntary agreement of their differences. As an alternative to litigation, it is an informal process in which a mediator attempts to facilitate a mutually acceptable resolution between the parties.

The outcome is most often advantageous to all parties, which is not always the case in litigation. Because of significant backlogs that exist in many court systems, mediation usually reduces the time it would otherwise take to resolve disputes.

Most disputes are amenable to mediation. This is particularly true when individuals have ongoing relationships and seek to resolve conflicts in a manner that is beneficial to all parties. Examples of disputes that are often mediated include contract actions, real estate matters, employment issues and divorces.

The benefits of mediation over litigation include lower costs, more certain and acceptable outcomes, as well as confidentiality. To ensure confidentiality, the parties will agree not to call the mediator as a witness if the disputed issues proceed to litigation.

Several attorneys at Wright, Constable & Skeen are trained and experienced mediators who not only bring their mediation skills to the process, but also offer special knowledge in their particular practice area, such as business, real estate, employee/employer relations, or family law.  James Constable is on the American Arbitration Association  (AAA) panel.  David Skeen is a member of ADR Maryland.   

Arbitration is a process by which parties to a dispute refer the decision making function to a person or panel with some expertise in the nature of the dispute. It is an alternative to courts and enjoys the benefits of speed, lower cost, privacy, and the ability to choose a decision maker with some experience in the subject matter at issue. Arbitration is frequently used for commercial, labor, construction, and international disputes. Arbitration decisions may be enforced by the courts in the United States and overseas.

Wright, Constable & Skeen, LLP has several attorneys who frequently serve as arbitrators of commercial, construction and international disputes and who litigate cases before arbitrators. These attorneys understand the arbitration process, its practicalities, procedures, forums and methods of enforcement.

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