Practice Overview

Arbitration and Mediation are alternative methods of resolving disputes outside of court. Both are confidential in nature and are intended to reduce the high cost, the publicity, and unpredictable outcome that could result from a lawsuit that proceeds through trial. The attorneys at Gess Mattingly & Atchison, P.S.C. have substantial skill and experience in representing clients in both arbitration and mediation.

Arbitration

Arbitration is a formal process for resolving disputes, with specific rules of procedure, which takes place in lieu a lawsuit. Each party will present their case to a neutral third party, known as an arbitrator, who will usually have specialized training or experience in the area of law at issue. The arbitrator will then issue a decision that is legally binding upon the parties. Arbitration is more expedient and less costly than court, and since the arbitrator’s decision is binding it eliminates the risk of the parties not being able to come to an agreement. However, because the decision is binding, it also means that one or both parties may not be satisfied with the result.

Mediation

Mediation is a more informal process for resolving disputes, which may take place either before the filing of a lawsuit, or during the pendency of a lawsuit. The parties will convene with a neutral third-party, known as a mediator, who may or may not have specialized training or experience in the area of law at issue. Unlike an arbitrator, however, the role of a mediator is not to make a decision, but rather to discuss the strengths and weaknesses of each party’s case, and to make suggestions and serve as an intermediary in attempting to negotiate a settlement of the case. It is the parties, however, who remain responsible for deciding whether or not to resolve a case, and each party is free to walk away from the mediation without agreeing to a resolution.

Gess Mattingly & Atchison is proud to offer the mediation services of Bernard F. Lovely, Jr. and James W. Taylor. For many cases, the confidential process of mediation can be an invaluable tool in assisting the parties to better understand and appreciate the strengths and weaknesses both of their own case and that of their opponent, and can be cost effective in helping to reduce expenses and settle a case without the need for a trial.

Mr. Lovely has been a practicing attorney in Kentucky for over 35 years, focusing primarily in the areas of business law, equine law, real estate, construction law, and litigation. Prior to becoming an attorney, he served as an Assistant Professor of American Literature at Weber College and Warner Southern College, and taught at the University of Kentucky and Centre College. Mr. Lovely is a trained and certified mediator, and has taught mediation courses in Effective Negotiation and Mediation Techniques.

Mr. Taylor has also been practicing law for over 35 years, focusing his practice primarily in the areas of general litigation and insurance defense, including the defense of bad faith claims, automobile negligence claims, premises liability claims, professional and medical malpractice, and employment law. During his career, Mr. Taylor has settled many cases as well litigated many cases through trial and appeal, and can apply his knowledge and experience towards helping others to resolve their disputes. Mr. Taylor also previously served as an Adjunct Professor of Legal Writing at the University of Kentucky College of Law.

If you need the assistance of an experienced mediator, please contact Gess Mattingly & Atchison P.S.C.  For over 60 years our attorneys have been providing quality legal services to clients throughout Kentucky … let our tradition of excellence continue with you.