VADR handles all types of mediations, and arbitrations with a specific focus on commercial disputes, construction, employment/labor, intellectual property, legal malpractice matters, and product liability.

VADR has specific experience in the following areas: Employment-related matters including but not limited to consent decrees, constructive dismissal, bullying, discrimination (Age Discrimination in Employment Act (ADEA), Americans with Disabilities Act (ADA), disability, ethnicity, gender, national origin, sex, sexual orientation, transgender, religion (Seventh-day Adventist), religious accommodations), Equal Employment Opportunity Commission (EEOC), evaluating employment practices for mergers and acquisitions, Equal Pay Act (EPA), Fair Labor Standards Act (FLSA), Family Medical Leave Act (FMLA), harassment, Pregnancy Discrimination Act (PDA), Title VII of the Civil Rights Act or 1964, §1981, retaliation, wage and hour, workplace investigations, and wrongful termination. Contract matters related to breach of contract (supplier and subcontractor disputes, warranty, limitations of liability, bid awards and disputes), non-compete agreements, nondisclosure agreements, severance payment, and severance agreements. Employee safety-related matters including but not limited to compliance, Occupational Safety and Health Administration (OSHA), worker’s compensation, and workplace injuries. Human resources (HR) related matters dealing with background employment screening, DEI (diversity, equity, and inclusion), diversity initiatives, drug tests, handbooks, hiring, job evaluations, HR training, leadership training, manager and supervisor training, outplacement services, policies and procedures, performance reviews, progressive discipline, recruiting, remote work, succession planning, and termination. Personal injury-related matters including, but not limited to auto accidents, trucking cases, and product liability (aerial devices, bucket trucks, electrocution, and heavy machinery).

VADR provides structured negotiations that enable parties to see a realistic view of their interests and accurately evaluate positions. By actively listening, questioning, and dealing with realities, VADR assists the parties in developing options and alternatives to allowing a judge or jury to decide their fate.

Mediation is one form of alternative dispute resolution. It is a voluntary confidential process for resolving disputes between individuals, businesses, or groups. A court filing isn't necessary for mediation to take place. The dispute is moderated by an independent, impartial, and objective person trained to help the parties achieve a mutually agreed-upon resolution.  The mediator is not a judge.

Mediation provides a neutral and confidential setting for parties to openly discuss their views concerning the dispute. It allows the parties to take control of the outcome of the dispute and fashion a remedy that fits their needs. The cost of mediation is far less than litigation (court).

The American Arbitration Association reports success rates as high as 85 percent when mediation is tried before resorting to arbitration, litigation, or some other dispute resolution procedure.

The American Judges Association says that up to 97 percent of civil cases that are filed are resolved other than by a trial. Many of these civil cases end in a pre-trial settlement.

All parties involved in the dispute and the mediator attend mediation. While not required, the parties might also have advocates or attorneys present. Mediation can be arranged virtually or at a venue convenient to both parties. 

Yes. All parties must agree to keep mediation discussions confidential. Confidentiality is the cornerstone of mediation and prohibits disclosure of mediation communications. Additionally, there is a mediation privilege that prevents the use of confidential mediation communications in court. 

The length of mediation depends on many factors. The type of dispute and the ability of the parties to reach an agreement can influence the time frame. Mediations can often be resolved in one session, but if needed, additional sessions can be scheduled by mutual agreement of the parties. 

Each party should assess the strengths and weaknesses of their position. The parties should independently explore areas of compromise and think creatively about both monetary and non-monetary solutions.  Additionally, the mediator will provide the parties with an engagement letter that sets out what he/she expects the parties to do in advance of the mediation.

The parties equally split the cost of mediation. As part of the resolution, sometimes a party may agree to pay all mediation expenses.

Mobile mediation provides convenience to the parties and allows parties to select the right mediator for them no matter where the mediator physically resides. Specifically, mobile mediation is traditional face-to-face mediation where the mediator travels to an agreed-upon location chosen by the participants, which could be a lawyer's office, appropriate meeting room, or corporate office. Mobile mediation is ideal for both workplace mediation and certain civil disputes. Mobile mediation can also be arranged online/virtually. 

Online mediation is as secure as possible given modern technologies and encryption. VADR adheres to the Cybersecurity and Technology guidelines established by the American Arbitration Association. VADR uses Zoom, Teams, or other secure online methods convenient for the parties. 

The courts don't normally direct workplace mediation. Instead, the employer hires an impartial mediator, like VADR, to help resolve workplace disputes. A mediator acts as a facilitator during workplace conflicts related to issues like pay disputes, promotions, bullying, disagreements between co-workers, as well as internal complaints and grievances. 

Workplace mediation can quickly improve workplace relationships and employee feelings, engagement, efficiency, and productivity. Employees also benefit when mediation reveals workplace issues that once resolved improve the working environment, employee appreciation, and important business-level processes. Additionally, successful workplace mediation can prevent costly lawsuits and potential damage to a brand and revenues that often occur during public disputes. 

Not unless you want the employer to know. Confidentiality is a critical component of mediation. The only official record from mediation is a simple resolution agreement. That said, the reason for mediation influences what an employer learns. For example, some workplace mediation sessions involve employees and their supervisors or employers discussing the reason for any type of dispute(s). 

Unless the parties agree otherwise, an employer hires a mediator to promote workplace harmony, maintain a healthy workplace environment, and prevent financial and other losses related to a legal or public dispute. If one or more parties have decided that they want a lawyer present during mediation, the parties may choose to split the costs. 

Yes, Al Vance (“Arbitrator Al”) is a member of the American Arbitration Association (AAA) and is assigned arbitrations by AAA. Arbitrator Al is a member of both the AAA consumer and employment panels.

A mediator assists the parties to arrive at an agreed-upon solution. A mediator does not decide the dispute. A successful mediation results in a confidential, voluntary agreement signed by the parties.

Arbitration is different in many respects. Arbitration rules are dictated by an enforceable arbitration agreement and most often require discovery. After considering the evidence presented by and through the parties’ attorneys, an arbitrator decides the outcome. Arbitration results in a binding decision (award) issued by the arbitrator. Arbitration awards are issued in private but are publicly available.

VADReference Sheet - Mediation vs. Arbitration

The parties must agree upon a specific date, time, and method of mediation (online/virtual or mobile mediation). Then upon agreement, one of the parties must schedule the mediation with VADR or email me at al@vanceadr.com.