Mediation and Arbitration
Alternative Dispute Resolution (ADR) is often a preferable, if not required, alternative to the courts for handling disputes.
Mediation is a form of ADR in which a neutral facilitator assists the parties in reaching a voluntary, mutually acceptable settlement of their differences. The benefits of mediation over litigation include lower costs, more certain and acceptable outcomes, less antagonism, and confidentiality.
Most disputes are amenable to mediation, and it is frequently used in contract, tort, real estate, employment, and divorce disputes. Mediation can be especially beneficial when the parties have ongoing relationships that they desire to maintain. Many courts require or strongly encourage mediation.
Arbitration is a process by which parties refer the decision making function to a person or panel rather than a judge or jury. As an alternative to litigation, arbitration offers the benefits of speed, lower costs, 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, and often is required by statute or contracts between the parties. Arbitration decisions are generally enforceable by the courts in the United States and overseas.
A number of 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 areas, such as business, torts, real estate, admiralty/maritime, estates &trusts construction, employee/employer relations, or family law. They receive referrals both from various circuit courts in Maryland and from private parties. David Skeen is a member of ADR Maryland. Attorneys and courts in the region often turn to James W. Constable, David W. Skeen, Michael I. Gordon, Robert W. Hesselbacher, or Cynthia E. Rodgers-Waire to mediate a variety of disputes.
Wright, Constable & Skeen attorneys frequently serve as arbitrators of commercial, construction and international disputes and litigate cases before arbitrators. Our attorneys understand the arbitration process and its practicalities, procedures, forums and methods of enforcement. James Constable is a member of the American Arbitration Association and the International Centre for Dispute Resolution rosters of arbitrators. He has also served as arbitrator under the administration of the International Chamber of Commerce.