McManimon, Scotland & Baumann, LLC understands litigants concerns with the traditional arc of a contested civil proceeding. Cost, uncertainty and delay when combined with the adversarial nature of litigation makes for a challenging process. Recognizing litigants’ needs, McManimon, Scotland & Baumann, LLC offers an Alternative Dispute Resolution (ADR) practice area to assist parties in resolving their differences quickly and in a cost-effective manner.
Our team members are highly experienced in functioning as mediators and arbitrators. Our lawyers are regularly selected and/or referred by other lawyers and by federal and state courts to function as mediators and arbitrators in a wide variety of civil disputes. McManimon, Scotland & Baumann, LLC's ADR team includes certified mediators and arbitrators who together possess decades of both “real world” and courtroom experience.
Who We Serve
Mediation is a flexible, non-binding, confidential process in which a neutral person guides the parties through settlement negotiations. The mediator does not decide the ultimate merits of the dispute. Rather, the mediator improves communications across party lines, helps parties articulate their interests and understand those of the other party, probes the strengths and weaknesses of each party's legal positions, identifies areas of agreement and helps the disputants to identify and generate options for a mutually agreeable resolution to the dispute.
Arbitration is an adjudicative process in which a single arbitrator or a panel of three arbitrators issues a binding award on the merits of a case after an expedited, adversarial hearing. The ability of either party to appeal the award is typically very limited. Arbitration usually occurs earlier in the life of a case than a trial and is less formal and less expensive. Because testimony is taken under oath and is subject to cross-examination, arbitration can be especially useful in cases that turn on credibility of witnesses. Unlike mediators, arbitrators generally do not facilitate settlement discussions.
For more information about our Alternative Dispute Resolution (ADR)/Mediation practice, please contact Demetrice Miles at 973-622-5175 or Grant McGuire at 973-622-4868.