Mediation. This is a non-binding process in which the parties and their attorneys meet and attempt to resolve their dispute with the assistance of a neutral mediator. Typically, the parties meet in an initial joint session and then meet privately with the mediator to discuss their case. Mediation is an effort to resolve a dispute by talking about it as opposed to trying a case in a court of law. In the event that a case does not settle at mediation, Mr. Kauders engages in extensive follow-up, usually by telephone, in an effort to bring cases to resolution. His success rate exceeds 90%.

Telephonic Mediation. Telephonic mediation is a non-binding process in which the parties and their attorneys attempt to resolve their dispute over the phone with the assistance of a neutral mediator. For more information about this novel, cost-effective and time-saving dispute resolution option, refer to the “Telephonic Mediation” tab, or click here.

Arbitration. This is a binding process in which the parties enter into a contract agreeing to submit their dispute to a neutral arbitrator for determination. The parties choose a mutually agreeable arbitrator and select a mutually agreeable date, time and location for their hearing. Following the arbitration hearing, the arbitrator renders a written decision that is binding on the parties.

Case Evaluation. Mr. Kauders is frequently called upon by counsel for both plaintiffs and defendants to conduct case evaluations. Based, in part, on written submissions, Mr. Kauders offers an in-depth evaluation of a matter with respect to liability, causation, and damages.

Conciliation. This process is less formal than mediation. In conciliation, a neutral third party meets with all parties to a dispute in a common session and attempts to secure an agreement from all parties to proceed with negotiation of their dispute.

Mediation/Arbitration. This two-part process begins with the execution of a mediation/arbitration agreement. Parties to a dispute agree to attempt to resolve their dispute through mediation. They agree further that if they are unable to settle their matter in the course of the mediation, they will then proceed directly into arbitration.