Mediation
The vast majority of civil litigation (~97%), including business litigation, is resolved without a trial. Mediation is one especially successful method for ending a dispute before or during litigation.
By choosing mediation, you can reclaim ownership over process and outcomes. Mediation allows you control over your settlement and eliminates the chance of losing in court. In fact, you can get things in mediation that would be impossible in court.
Skillful mediators can help you achieve a comprehensive and satisfactory resolution that ends the uncertainty, distraction, and expense of protracted litigation, discovery, trial, and appellate practice. Mediation can lead to creative solutions and lasting resolutions.
Why choose Darth Newman as your mediator?
Darth has been training in and practicing mediation since law school. His mediation experience spans all kinds of cases from highly contentious employee/employer cases to child custody arrangments, and complicated business disputes.
Most recently, Darth became a Certified Mediator through the Conflict Lab and Behrend Mediation Services. He is a member of the Mediation Council of Western Pennsylvania. Trained and experienced as both a facilitative and evaluative mediator, Darth is ready to work with counsel and parties to help bring disputes to an end.
Mediation FAQ
What is Mediation?
Mediation is a confidential and voluntary process through which parties to a dispute (or lawsuit) meet and discuss their issues and potential resolutions with the aid and facilitation of a neutral and impartial third-party mediator. The conversations can take place in joint sessions where the parties talk to each other directly or through a series of breakout sessions where the mediator communicates between the parties.
Does Allegheny County have Mandatory Mediation?
Yes, the Allegheny County Court of Common Pleas does have a Mandatory Mediation program. Local Rule 212.7 requires cases on the General Docket be mediated at least 45 days before the commencement of the assigned trial term.
Does the Western District of Pennsylvania have Mandatory Mediation?
Not exactly, the Federal District Court for the Western District of Pennsylvania (WDPA) has mandatory Alternative Dispute Resolution (ADR) which requires litigants to engage in Mediation, Arbitration, or an Early Neutral Evaluation (ENE) early in the litigation process and often before substantial discovery. The Court maintains an FAQ here.
What is Mandatory Mediation?
Mandatory Mediation is a requirement imposed by Court Rule, Court Order, or contractual agreement which generally requires the parties to meet and discuss the settlement of their dispute.
What is Arbitration?
Arbitration is an alternative to court. In arbitration, a panel of arbitrators chosen by the parties makes decisions about the dispute. The arbitration panel is most often composed of 1 or 3 arbitrators. Unless limited by Court Rule, the rules governing arbitration, including any confidentiality, can be chosen by the parties. Some organizations like the American Arbitration Association and JAMS can also supply rules. Arbitration decisions are generally binding, often not appealable, and are enforceable in court.
What is an Early Neutral Evaluation (ENE)?
The Federal District Court for the Western District of Pennsylvania (WDPA) permits parties to choose Early Neutral Evaluation (ENE) as their preferred form of early ADR. During an ENE, the lawyers for each side present a summation of their case and arguments to the neutral and in front of the other party. The neutral then provides their assessment of the case. Often, the ENE is converted to mediation. It is important to pick a neutral that has the skills and experience to give you the best shot at resolving and settling your case. All neutrals approved by the Court have substantial years of experience with the types of disputes they evaluate.
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Mediation Testimonials
Don't take our word for it. Lawyers on both sides of the 'v' recommend using Darth as a mediator - including lawyers who represented clients against him:
Mediation Fee Schedule
Pre-Mediation Services: $450/hour
Half-Day (4 hours or less): $2,000
Full-Day (more than 4 hours): $4,000