Arbitration and Mediation are alternative methods of resolving disputes outside of the 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 arbitrations and mediations.
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 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.
Bernard F. Lovely, Jr.—Mediator—The firm is proud to offer the mediation services of Bernard F. Lovely, Jr., who has been a practicing attorney in Kentucky for more than 40 years, with a focus in the areas of business law, civil litigation, construction law, equine law, and real estate law. Mr. Lovely is a trained and certified mediator, and has also taught mediation courses in Effective Negotiation and Mediation Techniques. He is well acquainted with the negotiation and resolution of difficult situations, and has an established track record of being able to help others to arrive at successful negotiated settlements. As a mediator, Mr. Lovely’s preparation, attentiveness to the issues, observations, and honest feedback and neutrality can help the parties to close the gap between their respective positions and make a good faith effort to reach a compromise agreeable to all sides.
If you need the assistance of an experienced arbitration and mediation attorney, or would like to use the services of Bernard F. Lovely, Jr. as your 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.