Mediation is a non-binding process in which the parties resolve their own disputes with the help of a neutral third party called a mediator before going to trial. The mediator helps the parties work through the legal and factual issues of their dispute and negotiate a settlement that is a better alternative for the parties than going forward with the risk, uncertainties and costs of going to trial. Because mediation is required in Maine in most cases filed in Superior Court, it has become a very important part of handling cases and achieving a faster and more cost-effective resolution to disputes.
In arbitration, unlike mediation, the arbitrator renders a final and binding decision that is enforceable by the courts. Arbitration is generally less expensive and less time consuming than litigation in the courts, but still gives the parties the same type of final, binding decision that they would obtain if they went all the way through the court process.
Smith Elliott Smith & Garmey's attorneys have earned a reputation as skillful, effective mediators who are frequently successful in achieving satisfactory resolutions between opposing parties. They are known and respected for being fair to all parties and their willingness to be persistent and work hard to resolve even the most difficult and complex cases. They serve as mediators in over 100 cases annually and have successfully mediated a wide variety of cases, including business, construction, employment, insurance, personal injury, medical malpractice, probate and real estate. Because of their extensive litigation experience and recognition for being impartial, they are frequently asked to serve as an arbitrator by other lawyers.
Smith Elliott Smith & Garmey's attorneys are members of numerous mediation rosters including the Superior Court General Civil Litigation/Mediation Roster, Court Alternative Dispute Resolution Mediation Roster, New Hampshire Human Rights Commission Mediation Roster and the Maine Residential Real Estate Mediation Program. Peter W. Schroeter, Esq. has been selected to the prestigious Best Lawyers in America for 2008 and 2009 in Alternative Dispute Resolution.
