Mediation & Arbitration

If you have a dispute, particularly one that involves technical issues, scientific issues, problems with products, patent disputes, trademark disputes, copyrights, or any of the practice areas listed below, and you seek to resolve your dispute by mediation, James C. Carver is a qualified mediator. Because of his dual experience in science and law, Dr. Carver is uniquely positioned to help resolve conflicts that involve scientific evidence, such as chemical and/or biological exposure cases, trademark cases, and patent disputes. Further, he has represented both plaintiffs and defendants on science-related matters. Thus, as a mediator, Dr. Carver is uniquely positioned to unravel complex technical issue in an impartial manner to assist the parties in finding common ground.

Why mediate?

Mediation gives the parties ultimate control over the outcome of a dispute. When there is a dispute that is not resolved easily, typically a party may file a lawsuit or agree to some form of alternate dispute resolution, such as mediation. While litigation is expensive and time consuming, mediation tends to be relatively less expensive and much faster. In mediation, you have a chance to present your side of the issue, and you get a chance to understand the other party's position in a relaxed, informal setting. There is no judge; there is no jury; you are not cross-examined; and creative resolutions are possible. In mediation, the parties agree on the solution. You reach a solution that you think is "fair". If not, then there is no decision. The key is that both parties may communicate their issues and concerns openly and confidentially as they seek a creative compromise.

In litigation, the outcome of your dispute is in the hands of others, a judge and/or jury. You may win and you may lose. When a matter is litigated, a final "black or white" answer is determined by a judge or a jury. The decision is "final" or may become final after one or more appeals. There is no "compromise" decision. Importantly, the cost of mediation is typically far less than litigation. Litigation may be very expensive, particularly for complex issues. But even for relatively straight forward matters, court costs (including jury fees), attorney fees, expert fees, and the potential cost of appeal can be substantial. In addition, your time has value, and a week-long or two-week-long trial is a long time for you to be in a courtroom, not working or otherwise carrying on your life, is costly. Mediation, as mentioned above also typically is less time consuming. It is not unusual for it to take years for a matter to be tried. And if there is an appeal, it may take another six months to a year for that decision. On the other hand, mediation typically can be scheduled within weeks. Although mediation can last more than one day, mediation is often concluded in one day. Even if the mediation extends beyond a day, it seldom takes more than a few days. Importantly, once an agreement is reach, you are done; no more delays for appeals. Its over!

Mediation is private, confidential, and it usually works. Nothing said in mediation is made public. While litigation often brings out the worst in the parties, leaving at least one side angry and disappointed and often both parties angry and disappointed, mediation provides an opportunity for a win-win result. In fact if the parties do not want to face each other, they can be kept separate during the entire mediation. Most parties who go through mediation with a skilled mediator are satisfied!

Dr. Carver offers mediation services in all areas except family law and criminal law. He is prepared to mediate in any of the following areas: 

• Business
• Civil
• Commercial
• Construction
• Contracts
• Copyright
• Corporate
• Employment
• Energy
• Engineering
• Environmental
• Insurance
• Intellectual Property
• Mass Tort
• Negligence
• Oil and Gas
• Patent
• Personal Injury
• Personal Liability
• Premises Liability
• Product Liability
• Sinkhole
• Trademark
• Workers' Compensation
• Wrongful Death