A substantial portion of our practice concentrates on processes that are sometimes referred to as alternatives to litigation. All of our clients are advised about the benefits of all forms of dispute resolution so that they can get the best possible result in their case. The goals of choosing alternate dispute resolution include avoiding court or terminating pending litigation, cutting the cost of impasse or protracted litigation, getting better results, getting on with business or personal life, or preserving your personal or business relationship.

In mediation and arbitration, we handle the following typical types of disputes:

• Property Damage and Real Estate Interests, including Construction Defects and Building Contracts
• Business Dissolution and Succession
• Elders and/or Extended Families and Probate
• Domestic Separation and Divorce, including pre-marital, post-judgment
• Employment Discrimination and Workplace
• Organization or Association Policy
• Land Use and Environmental
• Personal Injuries and Accidents

Some representative cases include a divorcing couple with high value assets, alimony for a non-working spouse, or custody of the children; employment discrimination cases for the U.S. Postal Service; dissolution of a small Rhode Island business partnership; distribution of money assets in a contested will matter; resolution of cost-sharing for vacation property between co-owners/heirs; payment of money damages to a victim of a motor vehicle accident; facilitation of a community dispute over the proposed location of a new development; assisting Church leadership with a dispute as to social-political activity.

Our services include Mediation where we act as an impartial third-person to assist parties to voluntarily resolve their dispute themselves. In Arbitration, we will decide your case for you based on the law and other factors that the parties may choose to apply. If we are retained for Fact-Finding or Early Neutral Evaluation, we can investigate the facts underlying the dispute or evaluate the facts and law for the parties. Groups, organizations and businesses call on us to provide Facilitation & Consensus Building or Organizational Training in dispute resolution processes.

What Specifically is Mediation and Why Choose It?
Mediation is a voluntary process. The parties engage a mutually selected mediator to act as an impartial third party neutral who help individuals, businesses and organizations resolve conflicts or disputes that arise. Mediation is often confused with arbitration. A mediator, unlike an arbitrator, does not have the authority on behalf of the parties. Mediation reserves the final decision-making power with the parties to resolve what is “right” or “fair” in the dispute. Mediation assists the parties in developing options and in negotiating. It offers a way to resolve disputes that have more staying power and are more empowering for the parties because the parties are in control. The process is totally confidential and usually involves a forbearance from litigation during the mediation process.

How Do I Choose a Mediator?
If you are an individual, business person, organization member, or attorney with a dispute that needs a resolution, then you are seeking a qualified mediator. Here are several criteria to help you choose the right mediator.

More than likely, you want experience.
The firm brings twenty-five years of experience in law and regulation, with litigation, conflict resolution, negotiation experience as well as prior experience as a government regulatory officer to the table. Coupled with training in the sciences, social psychology, and business management, we have the experience that you want in your mediator. Ms. Ariel is approved by various courts and is a member of mediator rosters. Hundreds cases have been tried to verdict or settled before proceeding with a trial, and hundreds of matters have been negotiated without any resort to the litigation model.

Plus, you probably want somebody who really understands the mediation process.
We know how conflicts ripen into disputes. We know how to get to the heart of the matter and unlock the underlying issues in order to quickly begin addressing the real core of parties’ differences. We can design unique dispute resolution processes that work for you. Let’s face it, in a perfect world, every dispute would end up with a win/win resolution. We strive to get you there.

Certainly, you want someone who understands the law and has been on both sides of disputes.
Mediators do not act as attorneys or legal advocates for any one party during a mediation process. Unlike non-attorney mediators, however, Ms. Ariel brings a wealth of insight and knowledge about the law and legal procedures to the mediation process to help you resolve your dispute. Someone who can help you look at the strengths and weaknesses from a legal perspective and who can also bring a business perspective to the case is most useful. Having a good understanding of the negotiation process and different styles of negotiation, we can quickly move the case toward common ground.

You are probably looking for someone who can look at the human interactions and business angles at the same time.
Suppose it is important to you to preserve your long-term business or personal relationship with the other side. Or, imagine that the cost-benefit analysis, the risk-reward profile, or asset redistribution is important to you. We can help you address those aspects of your interaction at the same time.

How long will it take?
In an ordinary mediation session, there will be joint meetings and separate caucus meetings with the mediator. It depends on the amount in dispute and the complexity of the issues. Some cases, like property, employment, injury or business disputes, can be concluded in a couple of hours or in one day. Others, such as custody disputes or other long-standing problems, may require multiple meetings. Still others, like facilitated meetings, will be ongoing.

How does it work?
In an ordinary mediation session, there may be joint meeting and separate caucus meetings with the mediator. Documents may or may not be reviewed by all. Written agreements resulting from the session may or may not be called for. Fact-finding, early neutral evaluations, or arbitrations have more structure and the procedure for submission of documents and joint meetings would be agreed upon by the parties beforehand.

Where will it occur?
Conflict resolution or ADR can occur at our offices or at any mutually agreeable location that is free from distractions and provides an environment conducive to resolution.