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May 1, 2020 29 mins

Listen to Lamb McErlane PC attorney James Sargent & George Zumbano discuss the details of Mediation.

·       Mediation is voluntary: mediation occurs by agreement of the parties to a dispute or lawsuit.

·       Mediation is confidential and provides the parties with a private way to resolve disputes.

·       Mediation also is without prejudice; no admissions; no testimony about proceedings.

·       Mediation is a collaborative process as opposed to an adversarial process, such as litigation or arbitration.

·       Mediation allows assistance of an acceptable, trusted, impartial third party who works to assist the disputing parties to reach a mutually acceptable settlement of their differences

·       Mediation does not end with someone making the decision for you.

·       It’s not like arbitration––where the arbitrators (usually 1 or 3)––hear the dispute and then tell you how the dispute is resolved.

·       It is not like going to trial where the Judge or jury tells you how the dispute is resolved.

·       In mediation you and your adversary––the person with whom you have the dispute––have to come up with the solution that you both can accept.

·       If no agreement at the end of mediation then you go back to court.


James “Jim” C. Sargent is a Partner and Co-Chairman of Lamb McErlane’s Appellate Advocacy Group and Litigation Department.  Jim represents small businesses, as well as major national and multinational manufacturers in litigation and appeals.  His practice includes employment contracts, restrictive covenants, commercial contracts, real estate and banking law and construction litigation. Jim also offers mediation services in commercial/construction/business ownership disputes. jsargent@lambmcerlane.com. 610-701-4417.

George C. Zumbano focuses his practice representing businesses, individuals, and institutions in business and litigation matters. George is frequently selected to mediate and arbitrate matters. He practices in the fields of Commercial and Business Litigation, Personal Injury and Malpractice Litigation, Employment and Personnel Matters, Business Law, Estates and Trusts Litigation, Education Law, Estate Planning & Administration. zumbano@lambmcerlane.com. 610-701-4435.

This broadcast is for educational purposes only and is not legal advice. If you require legal advice, please contact us at 610.430.8000 or at www.lambmcerlane.com

#mediator #attorney #legalpodcast

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