1. What is the difference between mediation and arbitration ?
Mediation is an informal attempt at settling the dispute. The mediator can’t make a decision for the parties; he/she facilitates negotiations. The parties can come to a resolution or not. If not, they continue with the litigation and their day in court. In arbitration, the arbitrator hears the evidence under oath, applies the applicable legislation and case law, and issues an order or award with written reasons. The decision of the arbitrator is normally final and enforceable like a court judgment. The arbitrator is essentially a private judge chosen by the parties.
2. What other services does Preston provide ?
Preston is available for workplace mediations; workplace investigations; formal fact-finding in contested matters; and neutral evaluations of legal disputes for counsel. Preston maintains professional liability coverage. Contact us at PrestonMedArb@gmail.com
3. What approach does Preston take in mediations ?
To boost the effectiveness of the pending mediation session, Mr. Somer often convenes a conference call with counsel to seek their early input into the design of a mediation best-suited to the parties and their particular dispute. With a view to efficiency, he usually dispenses with opening statements and moves early into caucus sessions with the parties.
4. What are Preston’s cancellation policies ?
Mediations can normally be cancelled up to 24 hours prior to commencement of the scheduled session, subject to a modest preparation charge.
