Feeley Mediation & Business Law LLC President and Managing Member Rick Feeley is a Registered Civil and Domestic Mediator and Arbitrator with the Georgia Office of Dispute Resolution and a Panel Neutral for the American Arbitration Association. He is also an approved Neutral for many of the court ADR programs in Metro-Atlanta and the northern Georgia Counties. In addition to conducting both court referred and privately contracted mediation and arbitration proceedings, Rick provides consultation and training to residential construction and remodeling companies on conflict avoidance, contractual incorporation of alternative dispute processes, and the utilization of mediation techniques in Customer and Service Provider relations. As an advocate, Rick encourages his litigation clients to utilize ADR processes to reach cost effective, Brand protective resolutions for their disputes.
Mediation is a facilitated approach to conflict resolution in which a third party neutral (the Mediator) assists the parties to reach a mutually agreeable solution to their dispute. The Mediator does not decide the issues or direct a particular resolution. Instead, it is the Mediator’s job to assist the parties as they identify their issues and weigh the available options. The Mediator facilitates the parties’ agreement to solutions that will resolve those issues and disputes.
Benefits of Mediation Compared to Litigation:
- Decisions. In Mediation, the parties themselves make the decisions as to how their dispute will be resolved. In litigation, a judge and/or a jury decides the resolution of the issues.
- Privacy. With very narrow exceptions, all communications within a Mediation proceeding are confidential. The parties are free to speak with the Mediator and/or to each other in confidence. Court proceedings are public proceedings.
- Time Efficient/Cost Effective. Many Mediations result in the resolution of disputes in one day. Mediations can be scheduled very early in a lawsuit or even before a lawsuit has been filed. Thus, through Mediation the parties are able to promptly and cost effectively resolve issues that could take many months of expensive litigation to resolve.
Feeley Mediation & Business Law LLC has the experience and training to facilitate efficient and cost effective Mediation proceedings for both individuals and commercial entities for the resolution of commercial, domestic, construction, contract, employment, personal injury, premises liability, product liability, consumer, corporate, real estate and/or property disputes.
Arbitration is a proceeding in which the parties agree to submit their dispute to a third party decision maker (the Arbitrator or a panel of Arbitrators). The parties can agree to certain established rules for their Arbitration proceeding and/or can work with the Arbitrator(s) to establish a specific set of rules tailored for their specific needs and/or dispute. If the parties’ agreement is for binding arbitration, the Arbitrator’s ruling (or Award) can be confirmed and made into a judgment by a court.
Benefits of Arbitration as Compared to Litigation:
- Agreement. Arbitration is a process that the parties agree to participate in as the preferred method to resolve their disputes. The parties can agree on the location of the arbitration, the rules that will govern the proceeding, and the number and qualifications of the arbitrators before a dispute even occurs. Litigation is a process wholly ruled by the rules of the court.
- Privacy. The parties can agree that the arbitration proceedings and materials that are subject to those proceedings will be held in confidence. Litigation is a public proceeding.
- Time Efficient/Cost Effective. Since Arbitration is a method that the parties agree to, the parties control the timing of the Arbitration proceeding and have far greater control over the cost of the process than in traditional court litigation. Arbitration is typically an informal proceeding in which the standard rules of procedure and evidence are relaxed. Typically, parties may introduce written documentation in lieu of live testimony. This aspect of the Arbitration process makes it far more time and cost efficient than the traditional litigation process.
- Finality. By choosing binding Arbitration, the parties agree that the decision of the Arbitrator is final and may be confirmed by the court to become a judgment. This avoids the uncertainty and additional cost that the appeals process may involve with traditional litigation.
Feeley Mediation & Business Law LLC has the experience and training to conduct efficient, cost effective Arbitration proceedings to resolve disputes in a fair and unbiased manner.Feeley Mediation & Business Law LLC