National Conference for Minority Professionals in Alternative Dispute Resolution

 The Mediation Decision is Controlled by the Parties.

Some of the advantages of mediation are that it is completely voluntary and the parties have

a great deal of control. This flexibility, however, requires the parties to make a number of

important decisions.

o Deciding whether to mediate and approach to take in mediation are questions of

profession judgment to be exercised in close coordination with the client. The

approach may vary to company to company, representative to company

representative, client to client. The company’s approach often will vary from case to

case and plaintiff’s attorney’s approach may vary from case to case.

o Many times there is a good chance that the dispute could be resolved if only the

parties would talk to each other. Sometimes the distance between two parties’

positions is less than they think. For example, a charging party may be willing to settle

for a neutral reference, an apology, a small sum of money or some option that is

relatively inexpensive but allows them to feel vindicated. Early mediation can bring

the parties together long before they square off into set positions and the dispute is

blown out of proportion.



More and more U.S. employers are recognizing the benefits of internal ADR systems.Simple processes like "open door/open floor' can reduce an employers legal costs considerably.In addition ,the mediation step in most ADR programs is a process of communication.The mediator facilitates clear communication and defuses emotions and conflict behaviors that impede communication.

Mediator competence stems from innate ability and learned skills,as well as time and experience.Knowlege of the process must be artfully combined with sensitivity to individual clients and particular situations.At all times the mediator is a professional .The mediation process is one in which relationships and communities are mended.The mediator serves as guide,facilitator and coach.As parties begin to hear one another and "walk in another's shoes," they bring to the process new understanding,a willingness to explore new options and and agreements. James McElroy Esq.
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No Trial LTD is a provider of dispute resolution services based in Northeastern Ohio, providing services throughout the United States. James McElroy, CEO, is the primary dispute resolution specialist in the group. Our dispute resolution services are cost effective, time efficient, fair and impartial. They allow for balanced power in the process, they are private and can allow you to decide your own outcome. No Trial LTD specializes in assisting parties with reaching acceptable and cost effective resolution of their disputes, issues, claims and lawsuits.

A Resolution to Disputes

Dispute situations that go unresolved and result in lawsuits may cost parties tens of thousands of dollars in legal fees before the trial even takes place. Trials and the resulting defense fees can easily become astronomical. No Trial does it all to help you avoid court and the subsequent expense related to employment grievances and disputes.

No Trial is a Critical Bridge of Total Objectivity

•  Alternative Dispute Resolution Systems
•  Mediation Services
•  Arbitration