Mediation is an alternative method of resolving disputes, whether before a complaint is filed in court or after. The mediator is a neutral person engaged to assist the parties to reach a mutually agreeable—and voluntary -- resolution of the parties’ dispute. The mediator does not impose a decision on the parties, but rather helps to guide them to reach a resolution. Since the individuals involved in the dispute play active roles in resolving the dispute, they are usually comfortable and supportive of the resolution.

Successful mediations ordinarily result in a written agreement signed by all parties to the dispute.

Arbitration is a form of binding dispute resolution, usually based in contract. A party’s right to arbitration depends on the existence of an arbitration agreement, which is usually entered into as part of forming a relationship, such as a contract for services, employment or a partnership. Commercial contracts commonly include provisions for arbitration of disputes. The parties also sometimes agree to arbitrate a dispute after it has arisen.

The arbitration agreement governs how the arbitration will proceed. Often arbitration agreements incorporate the rules of a particular arbitration provider, such as the American Arbitration Association (AAA), as well as applicable state or federal law. Ms. Semmel ordinarily conducts arbitrations through the AAA, but is familiar with, and can apply the rules of other arbitration organizations. The arbitration agreement dictates such matters as the scope of discovery the number of arbitrators and the location of the arbitration. Arbitrators are generally impartial.

Having adjudicated numerous discovery disputes as arbitrator, Ms. Semmel is also available as a discovery referee. As a discovery referee, Ms. Semmel seeks to resolve disputes as efficiently and fairly as possible, while maintaining an appropriate balance with the needs and entitlements of the parties to conduct discovery permitted by law. She is mindful both that discovery may be critical to a party’s ability to prosecute or defend its case, and that some information and documents may be obtained only by discovery, sometimes from third parties. At the same time, she understands that discovery can be quite burdensome and that parties sometimes attempt to use discovery as a weapon. She is well familiar with e-discovery issues, including the use of forensic data collection and review services.