Alternative Dispute Resolution
Mediation and Arbitration
Barry will, of course, provide the type of mediation service requested by the parties. He believes in complete and total confidentiality both to the outside world and between the parties. Only when specifically instructed would he divulge any information or position by one party to the other.
Barry believes that, rather than being a "messenger" between parties, he can be the most helpful in resolving disputes by engaging in a diplomatic, thoughtful evaluation of the parties' respective positions and objectives and identifying creative solutions. That process requires meticulous preparation and careful attention to the parties' articulation of their respective interests. It also requires the ability to artfully probe the parties to ascertain both the bases of their positions and how the matter might reach a resolution satisfactory to both parties.
As part of Barry's pre-mediation preparation, he is is ready to meet with the parties and / or their counsel in individual caucuses, review pre-mediation statements and any other materials the parties believe reflect impediments to a settlement or would be helpful in crafting a resolution. Barry also is ready, where the parties are amenable, to a continuing effort if a mediation has been unsuccessful.
Barry's view of arbitration is that it must be impartial, fair, efficient and cost effective. Those elements must permeate the entire process from discovery through hearing and decision. It requires total preparation by the arbitrator, thorough review of evidence, extreme attention to testimony and arrival at a considered decision supported by the evidence and the law.
Services / Fees
Fees for mediation services are charged at an hourly rate or as a single fee for preparation, pre-mediation phone calls and meetings, attendance at the mediation and any follow up services.
Fees for arbitration services are charged at an hourly rate or as a daily rate for arbitration hearings and an hourly rate for preparation, deliberation, review of the evidence and drafting of a decision.
If the matter is settled before the scheduled date and Barry is able to schedule another matter for the scheduled date, the fee, less an amount for the time spent in preparation, is refundable; otherwise the fee is nonrefundable.
For mediations outside the New York metropolitan area, disbursements will be charged but no travel time will be charged.