Structured settlement negotiations with John R. Foley serving as the liaison, communicator, and evaluator.
At their most basic, mediation and arbitration are alternative means by which parties to what is, or what would be, litigation in the Courts, can resolve their disputes. As a mediator and arbitrator, attorney John R. Foley works with parties to understand and resolve their disputes. In a mediation, Mr. Foley applies his 34 years and wealth of practical firsthand experience and education to explain to parties the likely results of litigation and the benefits of settlement, and to help negotiate a fair and just agreed-upon settlement between the parties.
Mediation (sometimes called “facilitation”) is an informal dispute settlement process. Mediation can be used in divorces, real estate, bankruptcy litigation, labor bargaining, and almost all forms of civil dispute.
Mediation is intended to bring two parties together to clear up misunderstandings, find out concerns, and reach a resolution. The process is voluntary, although it may be urged by the Court During the mediation, each side will present its view of the issue, and the mediator will work with each side in a caucus to attempt to work out a settlement. The mediation process, unlike arbitration, is non-binding; that is, the mediator does not impose a decision on the parties, but he/she attempts to present a solution that is acceptable to both parties.
There are two kinds of mediation: facilitative and evaluative.
Facilitative mediation is the simplest, least expensive, and most expeditious form of dispute resolution for relatively simple disputes without numerous separate issues. In a facilitative mediation at JRFPC, both parties submit confidential mediation summaries to the mediator, which are kept private and not shared with the other side or with the Court. The mediator then meets with the parties and their attorneys in a half-day or whole-day session, keeping each party separate from each other unless they choose to talk together. The mediator goes back and forth between the parties until either a resolution is reached or the mediator (or a party) declares an impasse. At the end of the mediation session, the mediator will record and circulate any binding agreement that the parties are able to reach. The mediator will offer a view of whether a party’s position is realistic, but otherwise remains neutral.
Evaluative mediation resembles facilitative mediation except that rather than remain neutral, the mediator will form and issue an opinion at the end of the mediation session. This written opinion is not binding on the parties unless they agree otherwise, but either party may submit it to the Court if they so choose.