The Process
Mediation is an informal process whereby the parties in conflict choose an impartial third party to assist facilitation of discussions and negotiations. This impartial party, referred to as a “mediator” or “neutral,” meets with the parties jointly and separately in order to reach a mutually acceptable settlement. The settlement is reduced to a written agreement. Alternatively, arbitration is a more formal process where the parties present their case to a neutral fact finder (arbitrator) who sits as a sort of private judge. He makes evidentiary rulings, rulings of law and issues an award to the prevailing party. The arbitrator’s award, upon application of the prevailing party to the Superior Court, can convert the award into a judgment and thereafter employ the authority of the court to enforce the judgment. Regardless of the process used, all parties are requested and required to maintain civility and courtesy at all times with all participants.
Services
Mediation and arbitration services provided in the following areas:
- Commercial/Business/Uniform Commercial Code
- Consumer Disputes including:
– Residential security deposit law
– Vehicle sales, leases, and repairs
– Home improvement laws
– Professional and occupational licensing
– Tort law and contract law
– Checks and electronic fund transfer laws
– Consumer sales protection laws
– Warranty law
– Credit transactions laws
– Truth in Lending Act (“TILA”)
– Real Estate Settlement Procedures Act (“RESPA”)
– Fair Debt Collection Practices Act (“FDCPA”)
– Telephone Consumer Protection Act (“TCPA”)
– Fair Credit Reporting Act (“FCRA”)
– Americans with Disabilities Act (“ADA”) - Contracts
- Auto Accidents
- Employment
- Insurance Coverage – Including “Business Interruption” Claims arising from the Covid-19 Virus
- Personal Injury
- Special Education
- General Disputes of a Legal and/or Personal Nature
- Real Estate Disputes including:
– Buyer/Seller Disputes
– Broker/Client Disputes including Commissions
– Landlord/Tenant
– Title Insurance
– Eminent Domain Valuation
– Easement/Property Line Disputes
– Foreclosure
– Title/Escrow
Rates
Services are provided at the rate of:
- $400.00 per hour
- Half Day Minimum Required with Fees to be Paid in Advance
- No “administrative fee” is charged for mediations handled directly through South Bay ADR.