Services
Resolving Disputes through Mediation and Arbitration
Business, commercial, and employment disputes are often contentious, time-consuming, and expensive, particularly if conducted through court litigation. This is the principal reason for the widespread use of alternative dispute resolution (ADR), such as mediation and arbitration. Mediation and arbitration are very different procedures. Mr. Nolan has extensive experience with both. Mediation and arbitration are private, in contrast with public court proceedings.
Mediation
In mediation, the parties voluntarily agree to meet and confer with a third party -- the mediator -- with the goal of resolving their dispute on terms that are mutually acceptable. The mediator does not decide the parties' dispute. The mediator works with both parties, together and separately, to find common ground. The mediator's experience in numerous disputes is often a significant aid to parties in resolving their matter efficiently and at far less cost than court litigation.
Arbitration
In contrast to mediation, in arbitration, the arbitrator decides the dispute. This requires a written agreement, such as an existing contract requiring arbitration, or an agreement entered into regarding the specific dispute. Arbitration is generally faster and less expensive than court proceedings. In addition to privacy, each party has the full and fair opportunity to present all of its evidence and arguments to the arbitrator, who is not limited by many of the technicalities applicable to court proceedings. In considering whether to enter an agreement to arbitrate a dispute, an attorney should be consulted.
Other Services
Mr. Nolan may also be retained to investigate and provide an independent report to a Board of Directors, Board of Trustees, Board of Education, or senior management on allegations of employee misconduct, such as claims of unlawful discrimination, harassment, or other improper behavior. Mr. Nolan has investigated and evaluated such claims numerous times. The use of an experienced, neutral, and independent evaluator in such cases exemplifies due diligence by those charged with responsibility for an organization's operations.
Fees
Discounted fees are applicable to all matters involving public agencies and nonprofit organizations.