Monmouth County Mediation Attorneys

What is mediation?

Mediation is a dispute resolution process where an impartial third party, the mediator, helps disputing parties come to an out-of-court resolution.  The goal of mediation is to maintain a non-adversarial atmosphere that enables the parties to work together towards reaching a settlement agreement.

Mediation differs from arbitration. An arbitrator renders a decision about the outcome of a case, much like a judge. A mediator, however, does not make a decision about the case. Rather, the mediator serves to facilitate negotiation between the parties and guide them towards a mutually acceptable agreement. Also, whereas arbitration is generally binding, mediation is not. The parties can elect not to reach an agreement at all and proceed to court. If an agreement is reached, the mediator will draft a Memorandum of Understanding or similar document, which will later be used by the attorneys in drafting a settlement agreement for the court’s approval.

The main goals of mediation are to allow the parties to:

  • Express emotions and diffuse tension
  • Clear up misunderstandings
  • Identify the parties’ interests
  • Determine underlying concerns
  • Locate areas of common ground
  • Come to a solution devised by the parties themselves

The Mediation Process

Mediation sessions are often held at a neutral site agreed upon by both parties.  The mediator will set out certain ground rules that the participants must follow.  The most important rule is that, with a few exceptions, mediation is confidential.  In other words, anything said during the mediation process cannot be discussed outside of the process without the parties’ consent.

Before mediation, the mediator will request that the attorneys prepare a brief summary of the issues in dispute.  Then, at the mediation session, the attorneys make a brief presentation about the issues from their clients’ perspective.  The mediator will then help the parties to compromise.

The mediator may meet with the parties separately for a private discussion if they feel it would help move the parties toward a resolution.

If an agreement is ultimately reached, the mediator will prepare a document detailing the terms of the agreement. The court will be notified that the case can be dismissed. If no agreement is reached, the case will proceed to court.

What Kinds of Cases are Suited for Mediation?

For certain types of cases, the courts can mandate mediation in hopes that the parties will resolve their dispute before going to trial.  In most cases, the parties can elect to mediate.  Any case could benefit from using mediation to resolve the dispute.  Common areas where mediation is often successful include: divorce, child custody, commercial, construction, environmental, Law Against Discrimination (LAD) cases, equity and probate cases.

Disputes involving the following characteristics are often suited to mediation:

  • The parties have an ongoing business or personal relationship
  • Communication problems exist between the parties
  • The principal barriers to settlement are personal or emotional
  • Cases involve complex scientific or technical data requiring a particular expertise
  • The parties have incentive to settle due to costs of litigation or desired time-frame for resolution
  • Parties are seeking a more private forum for resolution

Benefits of Electing Mediation

Some of the benefits to mediating your dispute include:

  • Reduction in litigation expenses. Because of the high success rate of settling through mediation, cases are generally resolved quickly, eliminating the need for costly litigation.
  • Confidentiality.
  • The parties have complete control in determining the outcome of the mediation. The mediator cannot step in and tell the parties how the issue will be resolved. Either party can withdraw from mediation at any time.

Experienced New Jersey Mediation Lawyers

The lawyers at Shebell & Shebell are seasoned negotiators.  We help our clients achieve agreeable solutions through mediation.  If you must attend mandatory mediation, or think that your dispute could benefit from the process, contact a New Jersey mediation lawyer at 866-957-5237, or contact us online.

Attorneys Practicing Mediation

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What Are People Saying About Our Attorneys?

Fantastic

Thomas Shebell was an A M A Z I N G attorney for our personal injury case. He made himself available to all our questions and concerns during the whole process. We were very nervous about it all and he set our fears to rest. You instantly believe in him after your first meeting. He was serious yet empathetic, had superb legal knowledge, and great judgement. His staff is also top notch. Words cannot describe how wonderful a lawyer we believe Thomas Shebell to be and would highly recommend him.
Posted by Michele on December 8

My hero, my attorney who is always there for me!

Tom Shebell has represented me and my family members in several cases. Tom is the most prepared lawyer I have ever seen, and demands respect in and outside of the court room. His staff is amazing and never makes you feel as if you are bothering them. I always feel that I am his most important client, and he always takes my call. If he is busy, I am reassured that he will get right back to me and he does. His knowledge of the law and research on your case is impecable, and will never give up until he gets the results that he feels are the best for you. Although he is the most professional attorney I have ever worked with, he refers you call him Tom (not Mr. Shebell), and I am most comfortable calling him Tommy. His cell phone is on his answering service, to comfort you and assuring you that you can reach him if necessary, no matter what. I will never retain another lawyer, unless it is a case that he cannot handle. That has never happened to me. Unfortunately, Tommy is handling a very emotional case for my family, and whenever we discuss it our meet together he is very comforting to us. For a family man, and extremely busy attorney to handle matters like this, it truly takes a special type of person, and extraordiinary human being. If anyone take my advise, Tom Shebell, III is the only attorney that should be called first, and believe me you will not make another call. As I said in my title, he is my true "hero"!
Posted by Sandi on September 17

I am Grateful I was able to have Thomas Shebell for my Lawyer

Thomas Shebell and his staff were very good to work with. They were always professional, but also very down to earth and real. I always felt that my best interest was their main concern. I was always able to call with questions and concerns and was never made to wait or to feel like I was inconveniencing anyone. I always felt that they knew instantly who I was and what was going on with my case. In the end, Thomas was able to get the best possible settlement for me. I am very grateful to have been treated like my case truly mattered to them.
Posted by Toni on March 28

Ferocious Fighter

Tom Shebell and his firm came highly recommended by several reputable people in the community. I come from a family deeply rooted in law enforcement, so I greatly appreciate that Tom grew up with the law as well, hailing from a family of highly respected attorneys. He easily grasped the complexity of my case and eased my concerns, while ferociously fighting for me. One of the moments that stands out to me the most was when I voiced a concern over possible retaliation and he said, "they're going to have come through me first." I wholeheartedly believed him then and now. There is no one else I'd want in my corner than Tom Shebell.
Posted by on February 23

A League Of His Own

Mere words cannot express my gratitude to Thomas F Shebell III. He took on a case, that other attorneys would shy away from and fought vehemently for my husband, myself and our daughter. His tenacity is only surpassed by his kindness and compassion for his clients well-being. I would recommend Mr. Shebell III to anyone who may need an attorney to guide them through a difficult time and see them through to a successful end. Many thanks again to him and his staff!!