The Power of Mediation in Resolving Business Disputes
The vast majority of civil litigation (~97%), including business litigation, is resolved without a trial. Mediation is one especially successful method for ending a dispute before or during litigation.
By choosing mediation, you can reclaim ownership over process and outcomes. Mediation allows you control over your settlement and eliminates the chance of losing in court. In fact, you can get things in mediation that would be impossible in court.
Skillful mediators can help you achieve a comprehensive and satisfactory resolution that ends the uncertainty, distraction, and expense of protracted litigation, discovery, trial, and appellate practice. Mediation can lead to creative solutions and lasting resolutions.
The Mediation Process
Mediation involves a neutral third-party mediator who facilitates discussions between the parties. These discussions can occur in joint sessions or through separate meetings where the mediator communicates between the parties. The mediator’s goal is to help both sides explore potential resolutions and reach a mutually acceptable agreement.
Why Choose Darth Newman as Your Mediator?
Our team has extensive experience dealing with all manner of disputes from complex, multi-year business partner frauds to simple breaches of contract, and a plethora of employment disputes. We have been where you are. We have taken numerous cases to trial and through the appeals process. But our expertise extends beyond the courtroom. We also have a proven track record of resolving even the most contentious disputes through strategic negotiations.
Darth Newman brings a wealth of experience and expertise to mediation:
- Extensive Training and Certification: Darth has been involved in mediation since law school and is a Certified Mediator through the Conflict Lab and Behrend Mediation Services.
- Diverse Experience: His mediation experience spans various cases, from contentious employee/employer disputes to complex business conflicts.
- Professional Recognition: Darth is a member of the Mediation Council of Western Pennsylvania and is trained in both facilitative and evaluative mediation techniques.
- Experience Matters: Darth is listed as both a Mediator and an Early Neutral Evaluator by the Western District of Pennsylvania and serves as a pro bono mediator for the EEOC and the Pittsburgh Commission on Human Relations.
Mediation FAQ
What is mediation?
Mediation is a confidential and voluntary process through which parties to a dispute (or lawsuit) meet and discuss their issues and potential resolutions with the aid and facilitation of a neutral and impartial third-party mediator. The conversations can take place in joint sessions where the parties talk to each other directly or through a series of breakout sessions where the mediator communicates between the parties.
Does the Western District of Pennsylvania have mandatory mediation?
Not exactly, the Federal District Court for the Western District of Pennsylvania (WDPA) has mandatory Alternative Dispute Resolution (ADR) which requires litigants to engage in Mediation, Arbitration, or an Early Neutral Evaluation (ENE) early in the litigation process and often before substantial discovery. The Court maintains an FAQ here.
Does Allegheny County have mandatory mediation?
Yes, the Allegheny County Court of Common Pleas does have a Mandatory Mediation program. Local Rule 212.7 requires cases on the General Docket be mediated at least 45 days before the commencement of the assigned trial term.
What is mandatory mediation?
Mandatory Mediation is a requirement imposed by Court Rule, Court Order, or contractual agreement which generally requires the parties to meet and discuss the settlement of their dispute.
What is arbitration?
Arbitration is an alternative to court. In arbitration, one or more arbitrators chosen by the parties makes decisions about the dispute. The arbitration panel is most often composed of 1 or 3 arbitrators. Unless limited by Court Rule, the rules governing arbitration, including any confidentiality, can be chosen by the parties. Some organizations like the American Arbitration Association and JAMS can also supply rules. Arbitration decisions are generally binding, often not appealable, and are enforceable in court.
What is Early Neutral Evaluation (ENE)?
The Federal District Court for the Western District of Pennsylvania (WDPA) permits parties to choose Early Neutral Evaluation (ENE) as their preferred form of early ADR. During an ENE, the lawyers for each side present a summation of their case and arguments to the neutral and in front of the other party. The neutral then provides their assessment of the case. Often, the ENE is converted to mediation. It is important to pick a neutral who has the skills and experience to give you the best shot at resolving and settling your case. All neutrals approved by the Court have substantial years of experience with the types of disputes they evaluate.
Mediation Testimonials
Don't take our word for it. Lawyers on both sides of the 'v' recommend using Darth as a mediator - including lawyers who represented clients against him:
“I am exclusively a management labor relations attorney. I have worked with Darth on the settlement of complex Claimants cases, in which he has represented Claimants. I have also referred numerous claimants to him, because I highly respect his judgment and ability to properly handle such matters in a reasonable and proper fashion. Darth is at all times well prepared, and most professional in his handling of cases. His is well versed in the complex issues of labor and employment law and the value of compromise. He considers all aspects of a case, and recognizes the position of all parties when negotiating a settlement. In my opinion Darth will be an excellent mediator in any labor and employment matter. I therefore highly recommend him for the same.”
- Phillip J. Binotto, Vorys
“I’ve worked with Darth on several employment-related matters that were resolved through mediation. He has a sophisticated understanding of the law and is well-prepared for the nuances that come with legal negotiations. Darth is willing to go the extra mile to see the matter through to a resolution and settlement. He relates well with clients and helps both sides come to a compromise. I have full confidence in his ability to be an effective mediator.”
- Rachel McElroy, McElroy Law Firm
“I practice commercial litigation in both Pennsylvania and New Jersey. For several years, Darth and I were on opposite sides of an incredibly contentious business/partnership dispute. Despite the enmity between the parties, relations between counsel were very good. Darth was and is always professional, and excellently represented his client in the matter. Darth was always thoroughly prepared, understood all of the complex business issues involved, and made very good arguments to the Court, both in their written motions and in Court. While the parties were unable to settle, Darth made tremendous efforts to get to a fair settlement, and recognized and accommodated the positions of both sides in doing so. Knowing his fair-mindedness, and his keen understanding of complex business litigation, I would not hesitate to recommend Darth as a mediator in any business litigation dispute. I believe Darth would be an excellent mediator in such cases.”
- Douglas F. Johnson, Earp Cohn
Mediation Fees
- Pre- and Post-Mediation Services: $450/hour
- Half-Day (up to 4 hours): $2,000
- Full-Day (more than 4 hours): $4,000
Consider mediation as a practical approach to resolving your business dispute efficiently. Contact us today to get started.
