Mediation/Binding Arbitration

While our lawyers prepare every case for trial, we recognize that many cases settle at some point during the trial process. In the past few years mediation and binding arbitration have become cost effective ways to favorably resolve a client’s case.

Mediation is a non-binding process where the parties get together before a retired judge or neutral mediator to discuss the issues in the case and try to reach a resolution of the case. A binding arbitration is a process where the case is arbitrated usually before a retired judge where that person will make a binding decision on the parties. Binding arbitration usually has somewhat relaxed rules of evidence and expert testimony may usually be presented via expert reports and not live testimony which can be very expensive.

In the past few years the firm has resolved the following cases through mediation and/or binding arbitration:

In 2008, Mr. Layser mediated a case arising out of the untimely death of a 34-year-old woman following a Cesarean section and tubal ligation at a major teaching hospital in Philadelphia. The woman was survived by her husband and two young children. The case was mediated before a nationally-respected mediator and resolved a few days after the mediation. While the terms of the settlement are confidential, the two young children will be cared for financially for the rest of their lives. The husband also received a substantial settlement.
In 2008, Mr. Layser obtain a verdict in favor of his client and against an orthopedic surgeon for the amputation of the client’s leg following failure to diagnose a vascular problem in the client’s leg. The case was submitted on binding arbitration before a retired judge who ruled in favor of Mr. Layser’s clients.
In 2008, Mr. Freiwald favorably resolved at mediation a claim on behalf of a woman struck by a runaway car at a local shopping mall.
Over the past few years, Mr. Layser had mediated numerous nursing home and pressure sore cases before a panel of mediators. All of these cases have been successfully resolved at mediation to the client’s satisfaction.