Phyllis Widman is a Rule 1:40 Court Appointed Mediator. She received specific training to become a mediator and mediates cases in several counties in the state.
Mediation is one type of Alternative Dispute Resolution (“ADR”), which provides a forum for parties to handle disputes without the intervention of the court and, at times, without attorneys. Mediation has shown to be a successful and cost-effective way to handle many different types of matters that arise, which otherwise could have ended up in stressful and costly litigation lasting years.
The mediator acts as a neutral party who assists in resolving the matter through skillful techniques of talking and listening to the parties and guiding the parties to be able to talk to each other. It provides a confidential forum for those involved to express their feelings about the dispute as well as to collaborate and come up with a viable solution that meets the needs of both sides.
The mediator does not make a decision in the case. Rather, it is the parties themselves who control the outcome of the dispute, instead of a Judge or jury making a decision on their behalf. Further, the mediator can separate the parties and hear each side individually and with complete confidentiality for each side if it is warranted.
If the matter is not settled at mediation, the parties still retain the option of going to court. If that happens, then everything discussed in the mediation is confidential and therefore not admissible against either party in court.
Fortunately, mediation can occur at any time. Even if a complaint is filed in court, the parties can come to Widman Law Firm to mediate the case. If it is settled in mediation, then the complaining party can withdraw the complaint and the case will end. Thus, if both parties agree to try mediation, then they may be able to settle it outside of court. The timing of mediation is not usually an issue.
Mediation can provide the swiftest, least expensive and least stressful mechanism to resolve a dispute. Whether it is a neighbor dispute pertaining to money, a property issue, a commercial or contract dispute, or any type of matter that would be handled in the civil division, special civil part, small claims court or municipal court at any monetary level, mediation can be the best way to resolve a matter.
Call Widman Law Firm for a free consultation.
Member of the New Jersey Association of Professional Mediators