Mediation is a voluntary process where the adverse parties and their counsel seek to resolve litigation or another dispute based on facilitative assistance from a mediator.
The mediation process is managed by a trained, experienced mediator who works with the parties to understand interests, discuss the existing dispute, and negotiate a mutually acceptable resolution. Mediation differs from litigation or arbitration because it is voluntary and a mediator does not decide facts or assess credibility – the mediator's role is to work with the parties to facilitate resolution.
Faruki's mediation practice is led by Jeff Ireland, the firm's most experienced trial attorney. A founder of the firm, Jeff has over 40 years' experience as a trial attorney. He has tried cases in state and federal courts throughout the U.S. Jeff is an experienced mediator, and he is certified by the Harvard Program on Mediation, having completed a week long (40 hours) training session led by a member of the Harvard Law School faculty. In addition, Jeff has represented clients in numerous mediations, and he has worked with some of the country's most well-respected mediators.
The benefit of mediation is that it can be a more cost effective method to resolve disputes. Mediation can occur before a dispute becomes a lawsuit, or later in the litigation process, up to and including the time of or following trial. An experienced mediator is able to work through the parties' respective interests and risks as well as to thoroughly assess the benefits and costs of continued litigation.
The mediation process benefits from mediators who are experienced in all aspects of trial preparation, the probabilities associated with pretrial motions, and the tendencies of judges and juries. These variables, as well as the identification of interests that may be beneficial to the parties, are the tools of a successful mediator who has broad experience in dispute resolution.