Litigation can be expensive and time-consuming and can lead to delay and noncompletion. Sherbow lawyers encourage clients to resolve disputes using alternative dispute resolution (ADR) techniques, where appropriate. Attorneys at our firm have acted as mediators, and have also represented clients in alternative dispute proceedings, affording us the valuable perspective of having experience on both sides of the table.
Alternative Dispute Resolution
Our most senior attorneys have decades of experience navigation through alternative dispute resolution processes. Our vast experience enables us to provide comprehensive advice on all Alternative Dispute Resolution options.
Arbitration is the more expensive of the two most common forms of ADR and can also be a more lengthy process. It employs one or more qualified arbitrators, often members of the American Arbitration Association, who is charged with hearing and deciding the matter. It is the more formal method, with arbitrators who act as judges, issue written opinions and make decisions that are binding upon the parties.
Mediation involves a meeting with a neutral mediator who tries to assist the parties in resolving their dispute. It is a relatively informal way for the parties to resolve the dispute themselves. Our attorneys can conduct the mediation, act as counsel or recommend a mediator. This approach to dispute resolution usually is relatively inexpensive and less time-consuming than arbitration. The role of the mediator is to facilitate discussion and help the parties themselves arrive at a resolution. While most mediation sessions result in nonbinding decisions, binding mediation is an option.
The founding member and Sherbow’s primary mediator Jeffrey S. Sherbow has over 40 years of experience as an attorney in all areas of litigation. He has guided many of his clients to successful, highly satisfactory out-of-court
resolutions through the mediation process. Mr. Sherbow has also tried numerous cases in the District, Circuit and Federal Courts throughout the State of Michigan
and other states Pro Hac Vice.
Mr. Sherbow is a Wayne County Mediator, Michigan Defense Trial Counsel and the Association of Defense Trial Counsel. Mr. Sherbow was formerly the elected Mayor of the City of Pleasant Ridge, Michigan for six years, serving three consecutive terms. These activities and his reputation for ethical standards and professional ability among his fellow lawyers have earned him the highest rating, AV® Preeminent Peer Review Rated by
Martin Dale-Hubbell. Because of his reputation fellow lawyers often seek advice and for him to act a mediator to help resolve their client’s disputes.
Mr. Sherbow’s preferred mediation style is basically facilitative, but directive where appropriate, in the belief that the best and most durable resolutions are those achieved by the parties themselves. The parties better understand their issues and priorities, the personalities involved and the obstacles to a successful resolution than any mediator or arbitrator. On the other hand, a dose of gray-haired reality is sometimes needed, particularly when the process may have stalled due to unrealistic expectations of attorney or client, a failure to focus on needs rather than demands, or when one or more parties need to be reminded of the potential consequences of their failure to reach and agreement.
Due to Mr. Sherbow’s over 40 years of experience, he uniquely understands the economic impact that the disputes have on the parties involved.
To learn more about our Mediator capabilities, please feel free to reach out to our office today