Specializing in the custom-design and implementation of Alternative Dispute Resolution processes to avoid litigation and resolve complex construction and commercial disputes, John J. Spignesi, Esquire, serves as a full-time neutral devoted to facilitating avoidance of the time consuming and costly burdens of litigation, while fervently striving to assist parties achieve a satisfactory dispute resolution. Utilizing his considerable professional experience implementing various mediation and arbitration techniques to resolve complex disputes, he offers parties various choices to control the dispute resolution process and achieve an unbiased outcome in a cost-effective and efficient manner.
Alternatives to a Litigated Outcome
The resolution of complex construction and commercial disputes through court litigation can be extremely costly and may take years to achieve. More important, the judge or jury, and not the parties, ultimately decides the outcome in the litigation process. There are alternatives!
Mediation is a confidential, non-binding process where, with the mediator’s assistance, and that of counsel, the parties collaborate to find and implement a negotiated resolution to their dispute. The process is reasonably swift, very cost-effective, and, unlike litigation, the parties retain control of the ultimate outcome. If all parties do not agree to continue with the process, the mediation ends. Experience demonstrates that most complex cases resolve in mediation.
Arbitration is similar to litigation, but without the same level of formality. Unlike mediation, the parties do not control the outcome, but with an arbitrator experienced in their type of dispute, they are more likely to achieve an outcome that is considered acceptable. The arbitrator hears the evidence and renders a binding decision, unless the parties otherwise mutually agree. Arbitration typically is speedy and more cost-effective than litigation.
Med-Arb is a combination of both processes. First, the neutral serves as the mediator. If that process is unsuccessful, the resolution course proceeds on an arbitration track utilizing the same neutral or a different neutral.
Each process involves different design templates based on the needs of the parties.