Litigating a commercial dispute is expensive and time-consuming and holds no guarantee of a satisfactory outcome for either party.
In contrast, resolving a business dispute through the informal process of mediation gives both parties the opportunity to resolve their issues quickly, at a much lower cost, through a process over which they have some measure of control.
Allen Schreiber understands business disputes and is experienced in resolving them.
For over thirty years, Allen has handled all types of commercial disputes including:
- Non-compete and non-solicitation agreements
- Corporate and business dissolutions
- Breach of contract claims
- Construction
- Arbitration
- FINRA
- Insurance and coverage disputes
Distinguishing Qualities. Allen has been included on the American Arbitration Association’s panel for commercial, consumer, and employment arbitrations. He is a Fellow of the American College of Civil Trial Mediators and a Fellow of the National Academy of Distinguished Neutrals.
He is a Best Lawyers® and Super Lawyers honoree for alternative dispute resolution, and he holds the Martindale-Hubbell AV Preeminent Rating. Best Lawyers recognized Allen as Birmingham “Lawyer of the Year” in Arbitration (2019) and Mediation (2017).
You can also count on Allen’s proven traits that, in sometimes stressful and emotional situations, bring value to his role as a mediator, including empathy, excellent communication and listening skills, and the ability to:
- identify the parties’ objectives,
- recognize the strengths and weaknesses in each side’s case,
- interact effectively with the parties and their attorneys,
- facilitate negotiation, and
- keep the parties engaged until a settlement can be achieved.
Allen Schreiber can help you control your dispute resolution costs.
Allen’s mediation fee schedule is clearly described on his interactive calendar page, where you can check his availability and request a date for your mediation.
Some Basics
How mediation works. Mediation is a structured process, with scheduled meetings and established roles for all participants.
The process begins with pre-mediation meetings/calls of the mediator and the representative counsel.
Next, the mediation conference is attended by the mediator, the parties and their attorneys, and perhaps other persons who are associated with one of the parties and have useful knowledge of the issues.
Each side conducts private discussions among themselves and with the mediator, who will discuss their position and the strengths and weaknesses of their case. By working with the parties separately and together, the mediator will attempt to lead the parties toward a mutually acceptable compromise.
When a settlement is achieved, the terms are set forth in a settlement agreement. Typically, this agreement merely outlines the material terms but leaves the details to a more formal, final agreement.
If the parties are unable to settle at the scheduled mediation conference, they may schedule additional conferences or end the mediation process and proceed to trial or administrative hearing. In many cases, settlements still occur some days or weeks later, as the mediator will continue to engage in discussions either by direct negotiation or by physically returning to the mediation process.
Mediation can be used for nearly any business-related dispute. Mediation is a nonbinding, negotiated process through which an experienced neutral mediator seeks to help the parties find common ground through a mutual compromise and reach a settlement. The mediator does not make decisions or force a settlement. Mediation can be conducted in person, with the parties and their attorneys present, or in a Zoom or other virtual setting.
In most cases, mediation is a voluntary process. However, for some types of disputes, the parties’ insurance policies or existing agreements may require them to at least attempt to reach a mediated settlement before the matter goes to court.
Your choice of mediators might be limited by the court or administrative agency or by an existing agreement. If that is not the case, the sides can agree to use the mediator of their mutual choosing.