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Business Mediation Practice

As a professional and responsible advocate for my clients for over 30 years, I have experienced firsthand the limitations and pitfalls of litigation. When pursuing litigation, your claim will get framed anew by lawyers, not businessmen, to fit acceptable legal parameters. Your ability to pursue your claim is constrained by rules of evidence and procedure. Your case can last months or even years. As long as your case is alive it is likely that you will pay lawyers on an ongoing basis.

Traditional mediators can also be limited. State sponsored programs are only allowed to facilitate a compromise rather than evaluate your position. Strong independent mediators do evaluate your position but only in terms of the likelihood of success in a legal context. My approach to business mediation is different:

  • Each party will submit a position paper which can be shared with the opposition. The first portion of your position paper details your business objective. What do you wish to get out of this dispute and its resolution?

  • Legal analysis and case citations are acceptable but not required. I evaluate the reasonableness of your position and identify how it conflicts or tracks with the other party.

  • A prediction on how you will succeed in court is not included.

  • I meet with each party separately to finalize your position and outline how the mediation will progress.

  • I will share my business objective with you to ensure that it corresponds to your objective.

  • All parties will meet to summarize each other’s position and what I believe are points in which the party’s respective interests coalesce and conflict.

  • I will break the dispute down to manageable points and recommend resolutions. Periodic separate caucuses are permitted but not encouraged. You will not be left sitting in your room for hours while I work on the other party.

  • The mediation is conducted with all parties present and participating.

  • When an acceptable resolution is reached a memorandum will be dictated, while we are still in joint session, and signed by all parties confirming the agreement reached.
 
For more information or to discuss a current issue, please contact James Andrews, Esq., (732) 741-3900, jandrews@ghclaw.com.

Giordano, Halleran & Ciesla, P.C. is a multi-specialty law firm dedicated to providing sophisticated, complex legal services and solutions. The attorneys maintain personal relationships and gather in-depth knowledge of clients' businesses and industries to construct both sound legal advice and effective strategies to resolve business issues. With a focus on responsiveness and producing results with outstanding value to their clients' bottom line, the firm provides experienced legal representation in a wide variety of practice areas, including: Corporate and Business; Creditors' Rights and Bankruptcy; Environmental; Healthcare; Intellectual Property and Technology; Labor and Employment; Litigation; Real Estate, Land Use and Development; and Trusts and Estates. For more information, visit us at www.ghclaw.com.


Giordano, Halleran & Ciesla, P.C. | Red Bank, NJ | Trenton, NJ | Newark, NJ | New York, NY | www.ghclaw.com | 1-800-842-1LAW