WHITE PLAINS, NY, August 13, 2014 /24-7PressRelease/
-- Stevan J. Bosses, Mediator, Arbitrator for ADR PRO LLC, has been recognized by Worldwide Branding for showing dedication, leadership and excellence in arbitration.
To Mediate or to Arbitrate -- That is the Question
(With apologies to Mr. Shakespeare)
I am repeatedly reminded by questions I get asked, that there is a great deal of confusion and misunderstanding about the difference between mediation and arbitration. While they are both branches of a field called alternative dispute resolution (alternative to having a court decide a dispute), they are very different. In an effort to make it more clear to those still confused, here goes:
ARBITRATION: In arbitration, like going to court, a third party (a judge or arbitrator(s)), unconnected to either party or to the dispute, determines the outcome. That, however, is where the similarities between a court proceeding and an arbitration end. Although arbitration usually involves three arbitrators, there can be fewer or, rarely more.
Unlike in court, the ground rules which govern the arbitration proceeding are determined by the parties. For example, whether the rules that apply in court regarding discovery shall be followed or whether the court rules of evidence are to guide the proceeding, or how many arbitrators should there be and how they are to be chosen or the amount of time that will they be allowed for each stage in the arbitration. In this way the parties can limit the time it takes to complete the proceeding and the costs entailed. They can also decide whether the arbitrators will be required to render an opinion at the end or only give a verdict, unsupported by any reasoning.
Also unlike in court, the decision in an arbitration can be appealed in only the most limited circumstances.
MEDIATION: Mediation, however, bears no similarity to either a court proceeding or to arbitration. Mediation is a process designed to permit the parties to determine their own fates. Neither the mediator nor any other third party decides the outcome. Only the parties can do that. The mediator's function is to bring the parties together in order to let them reach a decision that is acceptable to both. The decision they reach is rarely exactly what each one wanted but it is an outcome they can both live with.
One of the beauties of mediation is that creative solutions are possible - solutions that no court could ever order. Everything is on the table in a mediation, no matter how far removed from the issues in the dispute, as long as those other things can help the parties reach a solution that makes sense to them.
The mediator acts in part as a facilitator, a coach, one who encourages the parties to think 'out of the box' and someone who can help each side see the case from the perspective of the other. At the end of the day, however, it is only the parties who can decide whether they can find common ground. Often, it is the last best chance for the parties to maintain control of the outcome. Once it goes to a court or to arbitration, a third party will be making the decision - a third party who cannot possibly know the parties' businesses, their wants and needs as well as they do themselves.
Mr. Bosses is an experienced mediator, arbitrator, and attorney licensed to practice in New York State Courts and Federal Courts since 1963. Prior to his retirement from the active practice of law in 2006, he focused primarily on litigating intellectual property cases including those relating to patents, copyrights, trademarks, unfair competition and trade secrets.
Since 2006, he has mediated cases involving intellectual property disputes, class action disputes, civil rights disputes, employment disputes, insurance claims disputes, contract disputes and third party beneficiary claims.
Mr. Bosses completed extensive mediation training programs given by WIPO (World Intellectual Property Organization), the CPR Center for Dispute Resolution and the New York State Supreme Court, Commercial Division.
In addition to his mediation practice, Mr. Bosses has an active arbitration practice. Before his retirement, he was counsel to parties in arbitration and was an expert witness in arbitration. He is also an arbitrator for the Financial Industry Regulatory Authority (FINRA) and has arbitrated a number of FINRA cases.
For more information about Stevan J. Bosses and ADR PRO LLC, visit http://www.theadrpro.com
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