Byrnes O’Hern & Heugle, LLC offers experienced, professional Alternative Dispute Resolution, more commonly known as Mediation. Mediation refers to the process of using a trained, third-party mediator to resolve any issues including but not limited to contract disputes, construction, employment, shareholder fights, personal injury, premises liability, land use, condemnation, and product liability matters. From our office in Red Bank, NJ, we offer our mediation services to clients throughout New Jersey.
Our Mediation Professionals
Our experienced litigation partners, Robert Heugle and Daniel J. O’Hern, started this practice area with the goal of bringing prompt, final resolutions to the most difficult cases. Bob and Dan bring the experience of having litigated thousands of cases over their careers to their mediation services. As mediators, their goal is to assist the parties and their counsel in reaching early settlements of civil disputes and to secure an outcome in the best interests of the parties.
Our mediators have completed 40 hours of mandated mediation training for admittance to the roster of approved New Jersey Superior Court mediators. Their combined 70 years of experience in handling and settling civil lawsuits provides a solid foundation for creating a process that can lead to the resolution of difficult disputes.
What Is Mediation & What Should I Expect?
Mediation is the process of investing time in a process aimed at resolving an existing legal dispute. Mediation works because it involves a third-party who can speak directly to each party to the dispute while preserving confidentiality. A good mediator obtains insight into each party’s legal position. This allows the mediator to focus time and attention on the issues that are obstacles to resolution. A typical mediation session involves setting aside a day in which the mediator had successive discussions with the parties and counsel. Normally, the mediator, both parties, and their attorneys will attend each session.
The mediator’s role is to assist both parties in their negotiations by developing certain strategies to overcome impediments to settling a case. A mediator’s experience as a lawyer handling cases with comparable legal issues allows the mediator to lean into the sentiments held by the opposing parties. Mediation sessions are private and confidential and are typically held in a private office, where the mediator will explain the details including the format, confidentiality, and non-binding nature of the meetings.
Mediation differs from arbitration in that the mediator does not come up with a decision. Mediation allows the parties to make their own decisions.
How To Prepare For Mediation
It’s important to keep an open mind during the process of mediation. Mediation allows individuals to create a solution that the court might not be able to. Think about what you would and would not want to accept during mediation. What would you consider to be the best case-scenario and worst-case scenario. The process will go a lot smoother if you have a clear picture and understanding of the possible outcomes.
Be open-minded and consider the other party’s perspective. You already know how you feel about the dispute, but it is important to try and see how the other people feel from their point of view. Be honest, open, and ready to listen to everyone else involved.
Why Do You Need A Mediator?
Mediators have the experience and knowledge to encourage a planned, orderly resolution, rather than a compelled outcome. Good mediators will:
- Create a win-win situation
- Maintain privacy between both parties
- Create a quicker outcome
- Make the issues less complicated
- Save parties a lot of money
- Preserve relationships between parties, if important
Mediators are neutral. Their only intention is to help both parties craft an agreement that provides enough benefit to both sides to make settlement attractive. Mediation is also not subject to court scheduling orders. Typically, mediation only requires the involvement of key witnesses and does not require anyone to reveal evidence.
Mediation is also faster and less expensive than going to court to resolve issues. With mediation, you can begin resolving your problem right away, without having to wait for a court date. There are a lot less procedures in your way that can take up time and money.
Why Does Mediation Work?
Oftentimes, negotiations between parties will never happen without the assistance of a third party. A mediator does not represent one side or the other, and people tend to listen to mediators because of their years of experience and knowledge. Mediation allows a safe and healthy environment for negotiation because the mediator is able to manage and direct the conversations. Without a mediator, discussions can be unproductive and not lead to a positive outcome, especially when emotions run high and there are bad feelings among the parties.
Mediation provides a way for parties to engage in negotiations without having to speak directly to one another. In many mediations, the parties never even see one another. Typically, a mediator will separate both parties, putting them both in different rooms while the mediator listens to both sides individually. By doing it this way, initial negative discussions can be avoided, and the mediator is able to set a more controlled foundation for negotiations to take place.
Another reason why mediation works is because it is confidential. Both parties have to agree in advance that whatever information is said cannot be used outside of mediation, and even more specifically used in court if a court meeting is necessary.
Contact Our Experienced New Jersey Mediation Professionals Today
We welcome the opportunity to work with you and your adversaries towards a reasonable, cost-efficient resolution of any dispute. Our mediators have decades of combined experience and are ready to handle any issues between parties. Over the past year, they have successfully mediated numerous complex commercial cases to the satisfaction of the parties who retained their services. If you are in need of a mediator to help resolve your issues, whether it be related to personal injury, employment, contract disputes, and more, contact our office today.
