Mediation

Mediation is a process where, with the assistance of a trained neutral mediator, parties in dispute attempt to reach a settlement that is reasonably acceptable to everyone. If successful, mediation can be cost-effective and far less time-consuming than litigation while, at the same time, removing the uncertainty and risk inherent in litigation. Today, more and more, parties are incorporating mediation provisions in their commercial agreements, which may enable the parties to avoid litigation. In addition, many state and federal courts are directing parties to mediation after the commencement of a lawsuit.

The firm’s founder, Bart J. Eagle, has served as a mediator in numerous types of disputes between parties including complex commercial matters; labor and employment; insurance coverage; issues concerning the Americans with Disabilities Acts; and clashes between and amongst cooperatives, condominiums and their shareholders/owners. The deep perspective that Mr. Eagle has on the litigation process and the objectives of the parties involved when they approach mediation enables him to engage the parties in a constructive effort to resolve the dispute. Productive, quality discussions ensue, which enable the parties to develop a mutually acceptable solution for themselves.

Over the years, most mediations have taken place in person, with the parties, their attorneys and the mediator present at one location. There is great value to the parties, while together in one room or in separate rooms at a single location while in caucuses with the mediator, being able to communicate directly with each other and the mediator. However, today, mediations are also conducted “virtually,” utilizing Zoom or other on-line platforms, where all parties, and the mediator, can participate from their offices or homes. Mr. Eagle is available to conduct mediations virtually, where circumstances make that mode necessary or desirable.

Mr. Eagle is on the American Arbitration Association’s Roster of Mediators, the panel of mediators of the United States District Court, Southern District of New York, the roster of mediators of the Commercial Division of the Supreme Court of the State of New York, County of New York, and the panel of mediators of the New York City Bar Association’s Co-op and Condo Mediation Project.

Mr. Eagle is co-chair of the New York State Bar Association’s (NYSBA) Dispute Resolution Section’s Mediation Committee and a member of the NYSBA’s Dispute Resolution Section’s Executive Committee and ADR in the Courts Committee.