From left to right: Judge Buczynski, Judge Clyne & Judge Serpentelli
Dedicated to providing independent and responsive alternate dispute resolution and complex case management to the Bar, the Bench and the Public.
Dedicated to providing independent and responsive alternate dispute resolution and complex case management to the Bar, the Bench and the Public.
Benchmark Resolution Services provides dispute resolution assistance to attorneys and individual parties who are involved in litigation which has been docketed in Court - or in some instances where litigation has been threatened and the parties wish to proceed with dispute resolution prior to the formal filing of any documents. These dispute resolution services take three forms: mediation, arbitration, and complex case management.
In every dispute the parties will at some time discuss the potential for settlement with their attorney. Studies over the last several years have revealed that the settlement can, in many instances, be reached with the assistance of a qualified independent third party facilitator. The function of Benchmark in the mediation process is to provide a retired judge who will act as a third party facilitator in the conduct of settlement negotiations between the parties. The retired judge/mediator does not represent any of the parties. The retired judge/mediator meets with the parties and their attorneys, discusses the issues and the options for settlement. The retired judge/mediator then will meet with the parties individually. All discussions, by statute, are confidential and privileged.
In many cases the parties cannot settle. They may have agreed prior to a dispute arising to submit any disagreement to arbitration. This circumstance usually arises where the parties had previously entered into a contract which required that any disagreement with regard to the contract would be resolved by arbitration. In the alternative, during a dispute the parties may agree that they do not wish to submit their disagreement to the courts. This decision may be based on a cost analysis, a concern for time delay, a desire for confidentiality or a combination of all of the foregoing. When a matter is submitted to Benchmark for arbitration, a retired judge acts as the final decision maker. The retired judge reviews the documents, listens to testimony, entertains argument and renders the ultimate decision.
