Mediation, Litigation and Alternative Dispute Resolution
Litigation is an expensive, time-consuming and uncertain process. It is inherently adversarial. It involves one party winning and the other losing. It creates a public record. Whether you win or lose, the process itself can be toxic to relationships and reputations among other things.
Litigation is particularly ill-suited to disputes in which the Parties value and wish to maintain their relationship while avoiding the expense, delay, publicity and distraction litigation entails. In such circumstances, mediation should be considered.
Mediation is a private and cost-effective method of dispute resolution. It enables all points of view on an issue to be heard and a mutually acceptable resolution reached. It focuses on fixing the problem at hand, not fixing the blame. It seeks to preserve and enhance relationships, not destroy them.
David C. Barry is among New Jersey’s most experienced mediators. He received his mediation training from various sources, including the Institute for Dispute Resolution in Montclair, New Jersey; the State of New Jersey’s Office of Dispute Settlement; the New Jersey Association of Professional Mediators and the New Jersey Institute for Continuing Legal Education among others.
He is available to mediate the following types of cases:
Divorce, Separation and Post-Divorce Cases: Mr. Barry has mediated over a thousand divorces. Therapists, attorneys and judges frequently refer divorcing couples to him.
Family Disputes: Drawing upon his skills as an attorney and social worker, Mr. Barry is able to quickly identify the relevant issues and dynamics underlying family disputes in a positive and collaborative manner.
Business and Professional Disputes: Mr. Barry has experience in the mediated resolution of disputes between professional mental health colleagues and between practitioners and their clients. Mr. Barry strongly recommends professionals consider the use of mediation in such areas as a way of allowing both sides to feel “heard”, preserving therapeutic gains and avoiding the trauma, expense and negativities associated with litigation.
Mr. Barry offers free consultations for those interested in mediation. He may be reached at 732 238-8686 or at [email protected].