MEDIATION is a process in which a third party (known as a “neutral”) assists in resolving a dispute between two or more parties. The process involves a non-adversarial approach to resolve conflicts. As a mediator (neutral), Ben Proctor works to facilitate the communication between and among parties, assisting them in focusing on the real issues and also assisting them in creating options that meet the best interests and needs of all parties in a fair and honest manner.
CASE EVALUATION is a process in which the parties request an evaluation of their case as seen from the point of view of an experienced judge. Many times parties want to know what subject matter the judge weighs and evaluates when crafting a decision. The parties can learn what law may apply, what evidence is admissible, the importance of offering credible and reliable witness testimony, and a review of other factors involved in case preparation and presentation that may be helpful to the parties in determining the value of their case.
ARBITRATION is much like the work of a judge in that the parties offer their best case to a neutral arbitrator who then renders a decision based upon the facts and law presented. The arbitrator may ask questions and may seek the presentation of certain evidence in order to assist the arbitrator in making a final decision. Usually parties agree, prior to the arbitration, that the decision of the arbitrator will be the final decision.
MED/ARB The terms mediation and arbitration are described above. Med/Arb is a process using both mediation and arbitration and the parties know when they begin the process that there will be a resolution. The parties know that if they are not able to resolve all matters in mediation, the mediator (neutral) will act as an arbitrator and finally resolve any remaining matters with a ruling. Both methods require the prior agreement of the parties before the mediator begins work.
REFEREE (SPECIAL MASTER) appointments by a presiding judge may occur during the course of litigation. Under Wisconsin law, a referee has the power to act in place of the judge and is usually employed by the court in complex civil actions where the referee’s expertise would assist the court in developing the record. Ben Proctor’s long experience as a trial court judge and chief judge is particularly suited to the important responsibilities of a referee in the areas of discovery, accounting, property preservation, allocation of resources and supervision of court orders.