Years Of Mediation, Arbitration, Alternative Dispute Resolution Experience
For nearly two decades, Mr. Gardner has served as a mediator in South Bend, Indiana, assisting attorneys and their clients in finding ways to settle their disputes before the case ever reaches the courthouse. Parties can submit their disputes to mediation at any time, by simply agreeing to do so, but often times the presiding judges will order the parties to mediation before the judge sets the case for trial. Frequently, parties submit their dispute to mediation before suit is ever filed in an effort to avoid the necessity of filing a lawsuit altogether. Mr. Gardner's nearly thirty (30) years of experience as a litigation attorney in representing both plaintiffs and defendants, combined with his experience and insight gained after participating in thousands of mediation sessions, is of tremendous benefit to the parties who select him to act as their mediator.
The Indiana Supreme Court adopted the alternative rules of dispute resolution in 1992. Mr. Gardner received his certification as an Indiana civil mediator in 1996, and since that time has acted as mediator in a wide variety of disputes. He also routinely serves as an arbitrator, which is another form of alternative dispute resolution.
How Alternative Dispute Resolution Differs From Litigation
Unlike trial where the parties' remedies are extremely limited by the applicable laws relevant to the dispute, the parties, by submitting their case to mediation or another form of alternative dispute resolution, can create their own remedies that could never be accomplished by a court or jury.
Since the Indiana Supreme Court adopted mediation as a form of alternative dispute resolution, many thousands of individuals and business entities have been able to take advantage of the process of mediation as a very economical alternative to submitting their disputes to a judge or jury for determination. In the mediation process, the mediator is a neutral, representing the interest of neither side of the dispute, but rather utilizing his own knowledge and experience in an attempt to bring the parties together to form their a settlement agreement. Statistically speaking, in general, mediation has proven to be effective in at least 80 percent of the cases that are submitted to the process.