Investor Mediations - Transcript

In the world of investment disputes, mediation offers a valuable opportunity for resolution without the need for lengthy litigation or arbitration hearings. At Malecki Law, we have guided countless clients through mediations, helping them reach favorable outcomes while saving time, money, stress, and resources.

Mediation is a settlement conference facilitated by a neutral third party, known as the mediator, who works to help both sides find common ground and resolve their dispute. Unlike a judge or arbitrator, the mediator does not make binding decisions or determine who is right or wrong. Instead, the mediator’s role is to:

• Listen to both sides of the story.
• Offer insights into potential outcomes.
• Suggest fair settlement terms.

Mediation provides investors with a platform to share their experiences, express grievances, and seek closure in a less formal, confidential setting.

The mediation process is flexible and can occur at various stages of a case, including:

• Pre-Filing: Before any formal case is filed, mediation can serve as an early opportunity to resolve disputes without escalating to litigation or arbitration.
• Post-Filing: After a case has been filed but before significant discovery has occurred, mediation can help avoid the costs and complexities of further litigation.
• After Discovery: Mediation often takes place after the discovery phase when both sides have a clearer understanding of the strengths and weaknesses of their positions.
• Before a Hearing: Although less common, mediations can occur even after a case is fully prepared for a hearing, as a last-ditch effort to reach a settlement.

The timeline for mediation is flexible, allowing parties to engage in discussions at a time that best suits the progress of their case.

Mediation offers several advantages over traditional litigation or arbitration:

1. Confidentiality: Discussions during mediation are confidential and cannot be used against either party if the case proceeds to a hearing or trial.
2. Non-Binding Nature: Mediation is typically non-binding, meaning no party is forced to accept a settlement unless they agree to it.
3. Cost-Effectiveness: Resolving a case through mediation is often far less expensive than proceeding to a full hearing or trial.
4. Opportunity for Closure: For investors, mediation provides a chance to tell their story and seek resolution without the formality, and adversarial nature of a courtroom.

The mediator acts as a neutral facilitator, helping both sides understand the strengths and weaknesses of their cases. By providing an unbiased perspective, the mediator can:

• Bridge communication gaps between parties.
• Identify potential areas of compromise.
• Suggest settlement terms based on their understanding of similar cases.

While the mediator’s recommendations are not binding, their insights often carry significant weight and can lead to mutually agreeable outcomes.

At Malecki Law, we approach mediations with thorough preparation and a commitment to protecting our clients’ interests. Our services include:

• Evaluating the Case: We carefully analyze the strengths and weaknesses of your case to develop a strategic approach.
• Preparing for Mediation: Our attorneys ensure you are fully prepared to present your side of the story and respond to opposing arguments.
• Advocating on Your Behalf: We represent you throughout the mediation process, negotiating for a fair and favorable resolution.

Our experience in investor mediations enables us to anticipate challenges, leverage opportunities, and guide you toward an optimal, efficient outcome.

If you are facing an investment dispute, mediation may be the right path to achieve a timely and cost-effective resolution. Contact Malecki Law at (212) 943-1233 or reach out online to schedule a consultation. We are committed to helping you find the best path forward and ensuring your rights are protected every step of the way.

Transcript:

In every investor case there’s an opportunity to have a mediation. And so what is a mediation? A mediation is essentially a settlement conference in front of a neutral third party who both parties agree they like this person, and that they want to try to resolve the case you have to go in good faith with.

The objective to resolve the case. a mediator is not trying to find make a decision in the case or decide who’s right or who’s wrong, but it is an opportunity for somebody who feels wrong to state what happened to them and have their day to tell their story.

To have a mediator give you a an idea of what they they think would be a good settlement in the case, because of course when I’m advocating for someone I’m very much on their side and so is opposing counsel.

Sometimes you need a third party to help get the thing resolved and it is confidential, it is usually not binding, meaning that you know if you don’t degree you’re not nothing’s going to be forced upon you and no one can use anything that happens in a mediation against you in a hearing.

It can take place any time during the timeline of a case before the case is filed, after the case is filed, before Discovery, after discovery, before hearing. Once there’s a hearing although it has I have had it happen and cases settle before the decision comes out typically by time you go to the hearing it’s a little late for settlement but you know Hope Springs Eternal.