In today’s environment it is inevitable that disputes will arise. Establishing resolution protocols before a dispute arises can help maintain relationships as well as minimize the impact of such disputes when it does in fact arise.
Once a dispute has arisen, PMA LAW strongly advises alternative dispute resolution as a first course of action especially where costs of litigation may likely exceed the benefits. Mediation is a proactive way to resolve disputes early and has many advantages over litigation including flexible solutions that are sometimes difficult to obtain through litigation. It will also give you the benefit of time and cost savings and allow you to avoid the risks of trial, including having adverse judgment be entered against you.
At PMA LAW we know that many disputes settle prior entering litigation and many disputes that are litigated in fact settle prior to trial. However, in many cases the parties or their lawyers avoid serious settlement negotiations until just prior to filing of a lawsuit, prior to the onset of expensive discovery or immediately before trial. By suggesting mediation first, a party can be proactive in reaching a settlement.
Mediation can occur at a much earlier stage of the litigation process when positions are more flexible and less hardened by the hostility and costs of litigation. Ownership in the process of mediation is a large factor in its success. The voluntary commitment to mediation creates an atmosphere of good faith and the positive momentum which leads to more resolutions. The mediator helps make the negotiations themselves more efficient by offering insights or suggestions to the parties regarding procedure, possible solutions and interpreting the issues.
Mr. Palecek leads this firm’s Mediation department and has over 35 years of experience in alternative dispute resolution including out of court negotiations, mediation and arbitration.
As a mediator, Mr. Palecek provides a neutral, structured forum for settlement negotiations and encourages interest-based negotiations that focus on the underlying conflicts between the parties in order to move them beyond the narrow legal dispute. This helps the parties reconstruct their relationships leading them to a more integrative and proactive “win-win” solution. Both a sounding board and a catalyst, Mr. Palecek is in the unique position to help parties dramatically improve the quality of their negotiations, press them to overcome impasse and assist them in ultimately finding the solution then need.
If you or someone you know is faced with a potential dispute, PMA’s Mediation Team can help. Let our experience and proven track record of successful resolutions benefit you and your clients.