In mediation, a skilled, neutral facilitator hears the facts and arguments from both sides of a dispute and attempts to help the opposing parties come to a resolution or settlement. Similar to arbitration, it’s a private process that takes place away from the courtroom. In fact, some judges mandate that certain cases go through mediation before appearing in court. However, the process is still considered voluntary as neither side is required to come to an agreement. During mediation, both sides share their thoughts, feelings, and positions, and goals for the resolution of the dispute. At Dughi, Hewit & Domalewski, we have several highly trained, deeply experienced attorneys on staff who are court-trained and approved mediators. While our attorneys cannot make decisions as mediators, they are very skilled at understanding and accessing the issues and providing expert advice. Ultimately, our team is able to help many parties resolve disagreements on their own without the need to undergo an expensive and time-consuming trial.
There are a variety of special-master roles within the court system, some of which include discovery master (who manages and monitors the process of discovery), monitor (who are appointed to implement court orders or settlement agreements), and settlement master (used to settle large-scale disputes). Appointed by the court to address matters involving complex litigation, special masters help to reduce administrative burden, act as mediators, and streamline the court process. They can often help to facilitate resolution more quickly, manage the massive amounts of information that’s now stored electronically, and assist in coordinating cases involving multiple parties, jurisdictions, and/or districts.
The widespread use of special masters is relatively new; there has been tremendous growth in the practice of using special masters in the last ten years or so. Not only are cases often resolved more quickly and with less court involvement, but in some cases, special masters can help to reduce court costs as well as reduce the costs to parties and attorneys.
New Jersey Alternative Dispute Resolution Attorneys
Our alternative dispute resolution attorneys will walk you through the low conflict options and resolution methods available to you. Let us work for you, contact Dughi, Hewit & Domalewski today to get started immediately.