Business disputes of all kinds find their way into the courts and often come before mediators: corporate disagreements, partnership agreement disputes, contractual battles, tax issues or unpaid debts, just to name a few. Rich has helped counsel and their clients work through these battles with great success, remembering that success can be defined in many ways. In the context of mediation, that often means that one party gives more than they want to give and the other party may get less than they want to get. This can be the ultimate nature of compromise. If, in fact, a party is unwilling to compromise their position, then perhaps the courtroom is the better place to be. However, that approach often leads to a temporal, financial and emotional disaster.
Rich also has a deep background in the area of Stockholder Liability cases and serves as a Certified Arbitrator and Mediator for Finra which is the regulatory body that oversees U.S. broker-dealers.
Having been a FINRA Chair or Panel member for Finra arbitrations over ten years, he has acquired the necessary subject matter expertise to blend with his deep understanding of mediation skills to handle such cases efficiently and with professionalism. He has served as Chair in multiple arbitration cases that have gone to verdict and is familiar with the causes of action typically seen in these cases, such as: Breach of Fiduciary Duty, Misrepresentation, Suitability, Conflicts of Interest, Failure to Supervise and Negligence.
Earlier in his career Rich also served as an arbitrator for many cases in The Philadelphia County Court of Common Pleas, Montgomery County Court of Common Pleas and Federal Court (eastern district of the 3rd circuit). As a trial lawyer and arbitrator, he has learned to listen well and has developed a patient judicial temperament.How do you go about scheduling a mediation?
Once you have visited our website and decided that Rich Smukler Mediation would be right for your particular problem, you might wonder, what do I do next?
1. All parties to a mediation must agree to the use of the selected mediator. I am more than happy to converse with the parties beforehand to field any questions about the process of mediation, about my background or mediation style. Fee free to call or email me with any questions you might have.
2. Scheduling the mediation is extremely easy. You can either call me to check on availability or click on the calendar of the website. There is a two hour minimum requirement, though some mediations could take many hours and span several days and sessions.
3. What to expect at the end of the mediation. If we are successful in working out a satisfactory agreement, a written contract will be prepared before you leave. This document will be signed by all the parties and stand up in a court of law. I will also prepare a mediator’s report which will indicate whether the matter was settled fully, partially, or not at all, and can be filed with the Court.