Frequently Asked Questions

While mediation can be used to resolve any dispute, it is a preferred means of resolving matters where:

• You have an ongoing relationship with the other party.
• It is important to you that YOU agree to the resolution. In both arbitration and court resolutions, someone else will decide how the matter will be settled.
• You want more than monetary damages (e.g. an apology, a recommendation, a second chance, your job back, etc.). While a court can award you cash compensation, sometimes you want more than just money.
• You already tried to negotiate a solution with the other party on your own. Even though you were not successful, you still have hope that an agreement might be reached.
• Time matters to you. Most courts are overwhelmed with cases, and you will have to appear multiple times over a period of months before you have your "day in court." Mediation can be a faster route to resolution. Your court case can still proceed while you pursue mediation.

• In arbitration, you must agree to arbitrate the case with your opponent. No agreement is necessary to sue or be sued in court.
• You select your arbitrator(s) in arbitration. If you go to court, judges are assigned cases to hear. In large arbitrations, the common practice is for you to pick one arbitrator, your opponent another and the two arbitrators will then select the third. In smaller cases, you and your opponent would jointly select an arbitrator.
• Arbitration is a private process. Judgements are typically not published or made publicly available like court decisions.
• Arbitration is generally a faster process than court resolution for two reasons. First, hearing dates can be arranged more swiftly because you are not competing with overflowing court dockets. Second, the right to appeal is limited in arbitration - so once a decision is reached, you have finality.

Mediation is generally less expensive when it results in settlement. Mediation does not include extensive (and expensive) pre-trial processes such as discovery. Additionally, because parties decide their own resolution, mediations are less likely to result in post-trial enforcement processes. Mediations where settlements are not reached are more expensive because you will have to go through another process (arbitration or court) to resolve it. That said, even where a mediation does not result in a settlement, parties typically report being glad they tried it. Because mediation gives you an opportunity to explain your point of view and be heard, you can obtain a better understanding of your case even when you are ultimately unable to agree on a settlement.

It is never a bad idea to hire a lawyer when you are involved in a dispute. Lawyers can give you professional advice and advocate on your behalf. While you could represent yourself in court, that is rarely done outside of small claims court  because of the formality and complexity of the process. Parties often represent themselves in smaller cases handled through ADR.

While Laura is an attorney licensed to practice in New York and New Jersey, Neutrality Now specializes in providing neutrals to preside over arbitrations and mediations. We do not give legal advice, provide advisory legal services or perform advocacy work. Neutrality Now seeks to avoid engagements that could jeopardize our ability to provide independent, neutral resolution of disputes. 

Arbitrators and mediators are often called "Neutrals." You need to have a neutral who will be impartial - that means a person who you do not know personally and who has the ability to review your dispute without prejudging it. Familiarity with the background of the dispute (the relevant industry or nature of the disagreement for instance) can be extremely helpful in expediting the process. However, a neutral with too much familiarity may believe they have "heard it all before," resulting in them prejudging your dispute based on their past experiences. Ideally you want a neutral who is professional, responsive and impartial. Someone who listens carefully, understands the nature of the dispute and is a good communicator.

Online mediation can work! It's best suited for cases where the parties have some familiarity with video-conferencing technology like FaceTime, WhatsApp, Skype, WebEx, and/or Zoom. I use more ground rules in online mediation than in-person. For example, I ask parties mediating online to avoid talking over one another. Online mediations are typically booked in shorter sessions (two - three hours) and are often more efficiently managed than in-person mediations. Some parties actually prefer this format!

Synchronous communication happens when you are communicating real-time. Asynchronous communication occurs when you are communicating back and forth. A telephone call is an example of synchronous communication. Chat and email are examples of asynchronous communication.

I use both synchronous and asynchronous communication to help you resolve your dispute.