|
|
Engelman Berger Mediation Services
With over 50 years experience in representing parties in bankruptcy and other commercial disputes, David Wm. Engelman and Steven N. Berger have committed to take their knowledge gained from working with clients and lawyers over these years to assist both in resolving pending disputes before getting to court or to trial.
Click Here To Contact Us Immediately
What Is Mediation?
What are Typical Signs That Mediation May Be Helpful?
Why Not Just Hold A Settlement Conference On Your Own?
Why Retain Engelman Berger For Mediation?
What Types Of Disputes Is Engelman Berger Well Suited To Mediate?
How Do We Get A Mediation Scheduled?
How Are The Mediation Fees Handled?
How Do We Get Started?
WHAT IS MEDIATION?
Mediation is a process wherein a neutral person assists the parties to a dispute in achieving an agreed resolution. The goal of mediation is to reach a settlement. Mediators use various techniques to assist the parties in reaching a settlement, which usually include joint and separate meetings with the parties and their legal counsel. Mediation does not produce a “decision” by the mediator. Only the parties to a mediation can decide to settle their dispute.
WHAT ARE TYPICAL SIGNS THAT MEDIATION MAY BE HELPFUL?
Parties are deadlocked
One party has unrealistic view of its case
Breakdown in communication
Resolution needed so that parties may recommence their business relationship
Parties are about to enter new expensive phase of litigation
WHY NOT JUST HOLD A SETTLEMENT CONFERENCE ON YOUR OWN?
A mediator brings value to the process as a third-party, being neutral and having no agenda other than to facilitate an agreement. Mediators bring their experience, perspective, creativity, good will, listening and communication skills to the forefront of the settlement process. They act as sounding boards as well as idea generators. If the parties have not moved toward a resolution on their own, or only moved part of the way, then the assistance of a third-party mediator is a likely crucial step to a settlement. The mediator is not a judge or arbitrator, but rather a catalyst for the parties to reach their own agreement.
WHY RETAIN ENGELMAN BERGER FOR MEDIATION?
Experienced Practitioners
 David Wm. Engelman brings a longstanding commitment to efficient and effective client service developed over 25 years as a solo practitioner. He integrates that style with a similar commitment to providing quality legal services to his clients. The success of this approach is evidenced by the retention of clients for over 30 years.
David is an experienced attorney whose practice focuses on commercial law. Mr. Engelman has engaged in a wide variety of areas over his career, but concentrates his practice on insolvency issues, debt resolution, business matters, and banking and credit union law.
Read More About David Wm. Engelman
 Steven N. Berger co-founded the firm in 1999, after practicing at two of Arizona’s largest law firms. Mr. Berger concentrates his practice on assisting business owners, lenders, lessors, and other parties in resolving commercial disputes, with an emphasis on matters pending in the United States Bankruptcy Court or involving troubled loans or troubled businesses.
Mr. Berger represents parties in all facets of commercial bankruptcy and reorganization cases. He has been recognized in the nationally published “The Best Lawyers in America,” in the “Best of the Bar,” published by the Arizona Business Journal, and achieved an AV rating from Martindale Hubbell. Mr. Berger is a member of the panel of mediators listed by the United States Bankruptcy Court, District of Arizona.
Read More About Steven N. Berger
Facilities
Our conference room and meeting facilities offer a pleasant environment to meet and private spaces to ensure your confidentiality. In some mediations, an alternative location may be used if it will facilitate communication or other facets of the mediation.
WHAT TYPES OF DISPUTES IS ENGELMAN BERGER WELL SUITED TO MEDIATE?
Debtor – Creditor Disputes: e.g., collection actions, foreclosure actions, guaranty actions, secured debt and loan workout arrangements.
Bankruptcy Disputes: all aspects including claim disputes, dischargeability disputes, preference actions, fraudulent transfers, plan formulation, trustee or examiner requests, professional fee disputes, stay relief motions.
Commercial Contract Disputes: shareholder and partner disputes, franchise agreement disputes, commercial leases, purchase and sale of business contracts, purchase and sale of real estate contracts, service contracts.
Family Business Disputes / “Business Divorces”
Unraveling business relationships, business control issues, separating business assets or divisions, resolving loans and relationships in closely held companies.
HOW DO WE GET A MEDIATION SCHEDULED?
Prior to scheduling a mediation, the following steps are required:
Conflicts Check
We will need full disclosure of all parties to the dispute, and all legal counsel or other advisors that may be involved.
Scheduling
We will endeavor to our best ability to accommodate any timing issues. We find that most mediations require a full day to complete, but will schedule an initial mediation for a minimum of 4 hours if agreed by all the parties.
Mediation and Confidentiality Agreement
We will require all parties and counsel to sign a Mediation and Confidentiality Agreement prior to scheduling the mediation. This Agreement clearly lays out the roles of the parties, any conflict disclosures, and commits the parties and the mediator to confidentiality – a key component of the mediation process.
HOW ARE THE MEDIATION FEES HANDLED?
Our fees are typically based on an hourly rate for time spent in pre-mediation preparation and in the mediation itself. A deposit will be required at the time the mediation is scheduled. Parties often agree to split the fees as part of the Mediation and Confidentiality Agreement, but other arrangements can be agreed to by all the parties and the Mediator.
HOW DO WE GET STARTED?
Please call or email us to inquire about scheduling a mediation. In your initial call or email, please limit the information provided to non-confidential information as requested below. We do not become your mediator until after the Mediation and Confidentiality Agreement is signed by all parties to the dispute and any required deposit is received.
|
|
|
|
|
|
|
|
