ADR - Mediation and Arbitration

Monroe County Bar Association
Alternative Dispute Resolution
Mediation and Arbitration Program

ADR Program Guide 
Request for Mediation or Arbitration Form
Client Arbitration Agreement

Client Mediation Agreement


The Monroe County Bar Association (MCBA) is pleased to offer an Alternative Dispute Resolution Program ("The Program") as a service to its members and the community.  Both mediation and arbitration provide alternatives to traditional litigation for the resolution of disputes.

Alternative Dispute Resolution, or "ADR," means finding a way to have a dispute resolved or decided on without the involvement of a judge.  ADR involves the employment of an unbiased, third-party individual who has no association with the dispute or the parties.  This individual is known as a "Neutral." ADR is often a quicker and more cost-effective method of resolving disputes than found in traditional litigation and trials.  Further, ADR focuses on all parties' participation thus yielding more control over the "what, when and how" of the resolution process.


Although there are several types of ADR, mediation and arbitration are two of the most common forms.  Currently, the MCBA Program offers both mediation and arbitration.

Arbitration Defined
Arbitration occurs when an individual, not a judge, holds a hearing and makes a decision in the presented case.  This Neutral is called an arbitrator. In a traditional litigation through the courts, disputes in which the party's lawsuit is monetary-based and is less than $50,000, the dispute is typically decided by one to three lawyer-arbitrators, not a judge.  Unlike a court-appointed arbitration, a private arbitration permits the parties to select the arbitrator.  In private arbitration, the parties together with the arbitrator decide the specifics of the arbitration, such as where and when the hearing(s) will occur.  Additionally, private arbitrations are confidential and are not open to the public.  In both court-appointed and private arbitrations, the arbitrator is typically an experienced attorney who is not permitted to have any business, financial, or close personal relationships with the parties involved in the lawsuit, opposing counsel, or the dispute itself.  Although arbitration is as serious as a court trial, there are fewer formal rules and each party has more freedom to introduce pertient evidence and or information.  The arbitrator is required by law to be fair and just; decisions made in arbitration are not required to be filed in the court, and although customarily an arbitrator's decision is final, various laws may allow the decision to be appealed or altered.

Mediation Defined
Unlike a trial or arbitration, mediation does not end in a decision by a judge or arbitrator; instead, mediation involves a series of confidential discussions, which seek to end the dispute in a compromise or an agreement by all parties involved.  In mediation, the Neutral is called a mediator.  The mediator assists all parties in understanding each other's concerns and interests.  The results range and may include short- or long-term solutions, often having no monetary value.  Discussions may be held between the mediator and each party in separate rooms or with all parties in a single room.  While mediators do not have to be lawyers, lawyers who have been trained as mediators often are able to provide all parties with a wider resolution base as well as to better communicate legal-specific matters.

Mediator / Arbitrator Panel 
The MCBA has established a panel of attorneys ("The Panel") willing to serve as mediators and arbitrators. Each attorney meets the qualifications as instituted by the MCBA ADR Committee and has agreed to abide by the Model Standards of conduct for Mediators (September 2005) adopted jointly by the American Bar Association, the American Arbitration Association, and the Association for Conflict Resolution.  A list of the Panel Attorneys with links to their profiles is below.

Program Fees
The fees for participating in the Program (including the mediation, arbitration, and additional fees) are outlined in the Program Guidelines.  A link to the Program Guidelines is below.  All parties wishing to participate in the Program shall be responsible for reviewing and abiding by the Program Guidelines.

To Mediate or Arbitrate Under the Program
Any party wishing to participate in the Program shall review the Program Guidelines and complete and return the following to Denise M. Burdge at the Monroe County Bar Association:  (1) Request for Mediation or Arbitration Form; (2) Agreement to Meditate or Arbitrate, and (3) the Program fee.

The cost for mediation or arbitration during the standard MCBA business hours (Monday - Friday, 9:00 am to 4:45 pm) is $950.00. This covers the following:  Administration fee, two (2) rooms for use totaling four (4) hours, four (4) hours for attorney preparation and the mediation or arbitration. Please note: additional fees will apply for mediation or arbitration needed outside of standard MCBA business hours (to include evenings, nights, and weekends) or if the matter requires more than the two (2) hours of mediation or arbitration.

Please note, checks must be payable to the Monroe County Bar Association.  Links to each of the forms are below.  Forms may be returned by email to dburdge@monroebar.org; however until all required forms and the required Program fee are received by the MCBA, the request for mediation or arbitration will not be processed.  Should you have any questions reqarding the Program, please contact Denise M. Burdge at 570.424.7288 or dburdge@monroebar.org.

The MCBA Alternative Dispute Resolution Panel

Cheslock

Jerome P. Cheslock, Retired Judge
Court of Common Pleas 43rd Juidical District
5770 Widlflower Circle
Stroudsburg PA 18360
jc22@ptd.net

Jerome Cheslock served with the Court of Common Pleas
43rd Judicial District, Monroe County, as a judge from 1994
through 2017.  His time as a judge saw one
of the fastest growing counties in the state which led to
handling various types of civil and criminal cases.  To read
more about Judge Cheslock, please click here.

  • Business/Commercial
    Disputes
  • Contract Law
  • Non-compete Agreement
  • Partnership Disputes
  • Personal Injury/Product
    Liability
  • Wills and Estates
Cummins

Daniel E. Cummins, Esquire
Foley, Comerford & Cummins
507 Linden Street, Suite 700
Scranton PA 18503
570.346.0745
dancummins@comcast.net
www.foleycomerfordcumminslaw.com

Attorney Cummins has been a certified mediator for
the U.S. District Court for the Middle District of Penn-
sylvania since 2014. Cummins is an AV Preeminent
rated lawyer engaged in all phases of defense civil
litigation and trials, with an emphasis in insurance
defense litigation, automobile accident litigation,
and civil rights litigation.
To read more on Attorney
Cummins, please click here.


  • Insurance
  • Motor Vehicle
  • Personal Injury/Product Liability
Ford                                                                                                                                 

     Thomas F. Ford, Esquire
     Tom ford Business Law Office, PC
     PO Box 301

     Pocono Manor PA 18349
     570.762.2163
     570.820.8444 (F)
     tom@tomfordbusinesslaw.com
     www.tomfordbusinesslaw.com

     Tom is certified by the American Arbitration
     Association and the United States District Court
     for the Middle District of Pennsylvania. A mediator
     since 1982, he began his mediation career while
     still a first-year law student.  To read more on
     Attorney Ford, please click here.

  • Business Acquisitions
  • Business/Commercial Disputes
  • Construction
  • Contract Law
  • Non-complete Agreement
  • Partnership Disputes
Geiger

Gerard J. Geiger, Esquire
Newman, Williams, Mishkin, Corveleyn,
Wolfe & Fareri, P.C.
712 Monroe Street

Stroudsburg PA 18360
570.421.9090
570.424.9739 (F)
ggeiger@newmanwilliams.com
www.newmanwilliams.com

Attorney Geiger serves as a certified meditor for
both the Middle District of Pennsylvania and for the
Monroe County Court of Common Pleas. His
litigation practice throughout eastern Pennsylvania
has been widespread, including Section 1983 civil
rights cases. To read more on Attorney
Geiger, please click here.

  • Civil Rights
  • Employment Law, including Discrimination
  • Internet & Technology Law
  • Motor Vehicle
  • Personal Injury/Product Liability
Oxholm

Tobey Oxholm, Esquire
Just Resolutions - ADR

1 Watawga Way West
Gouldsboro PA 18424
215.783.2329
tobeyoxholm@gmail.com
www.JustResolutionsNEPa.com

From his graduation from Harvard Law School
in
1979 to becoming the General Counsel of
Drexel
University in 2001, Tobey Oxholm was a
trial
lawyer in Philadelphia representing both
plaintiffs and defendents and has been chosen
as an independent neutral in arbitrations and
mediations ever since 1982.  To read more on
Attorney Oxholm, please click here.

  • Business/Commerical Disputes
  • Employment Law, including Discrimination
  • Insurance
  • Neighbor Disputes 
  • Planned Communities
  • Wills and Estates

Parker

Mary Louise Parker, Esquire
Mary Louise Parker Associates LLC
900 Scott Street

Stroudsburg PA 18360
570.424.9100
570.424.9300 (F)
mlp@mlparkerlaw.com
www.mlparkerlaw.com 

For over three decades, Attorney Parker has
been representing members of the Northeastern
Pennsylvania Community in matters of family
law.  She has extensive experience in divorce,
child custody and support matters.  Parker is 
trained in Family Law Mediation and Collaborative Divorce.
To read more on Attorney Parker, please
click here.

  • Family Law
  • Wills and Estates
Charles J. Vogt

Charles J. Vogt, Esquire
Law Offices of Charles J. Vogt LLC
PO Box 103
Tannersville PA 18372
570.420.0438
570.300.1828 (F)
cjvogt@lawyer.com

Attorney Vogt is a 1969 graduate of Dickinson
College and a 1974 graduate of Dickinson
School of Law (Juris Doctor cum laude,
graduating 3rd out of 143 students), both
located in Carlisle, Pennsylvania. He has
practiced in Pike, Monroe and surrounding
counties since graduation.  To read more on Attorney
Vogt, please click here.

  • Business/Commercial Disputes
  • Construction
  • Contract Law
  • Partnership Disputes
  • Planned Communities
  • Restaurants & Hospitality

 ADR Program Guide 
Request for Mediation or Arbitration Form
Client Arbitration Agreement

Client Mediation Agreement