Call Us Today
843.665.0100
Post Office Box 6139
Florence, South Carolina 29502-6139

Office Hours

By Appointment

 

Call (843) 665-0100

 

Mediation and Arbitration

NADN & ABOTA

Areas of Practice Include:

Mediation

Mediation is a process in which parties discuss their disputes with the assistance of a trained impartial third person who assists them in reaching a settlement.

Karl has mediated over 4,200 cases (exclusive of short, perfunctory mediations) since 1993 in nearly every aspect of civil and family law and has been certified in civil and family mediation since certification was first available in 1996. He also has extensive experience in representing clients in mediation and has been hired to be a "mediation coach" and consultant assisting other attorneys in the mediations of their cases.

Arbitration

Arbitration is a process of bringing a dispute before a disinterested third party for resolution. The third party, an arbitrator, hears the evidence brought by both sides and makes a decision which is usually agreed by the parties to be binding on them.

Karl has arbitrated over 330 cases since 1993 in many aspects of civil and family law and has been certified in arbitration since certification was first available in 1996.

Early Neutral Evaluation - ENE

Early Neutral Evaluation, known by its acronym "ENE", is a process in which disputing parties submit their case to a neutral evaluator through a confidential "evaluation session." The neutral evaluator considers each side's position and renders an evaluation of the case. The evaluator then explores settlement possibilities in light of that evaluation

Karl was first introduced to ENE when he was trying a copyright case in the Northern District of California, San Francisco Division, in 2000. He tweaked the Northern District's set of ENE rules based on that experience and presented them for consideration to SC Supreme Court's Joint Commission on Alternative Dispute Resolution, of which he was a member. The proposed Rules were not adopted at the time because of the lack of trained evaluators. Karl then began conducting some mediations in which he introduced the concepts of ENE and has conducted formal ENE's.

The SC Supreme Court eventually adopted formal ENE Rules in 2012, and Karl will be presenting on the topic at the 2020 SC Bar Convention.

Other Forms of Dispute Resolution

Many other forms of dispute resolution exist, and Karl has presented at several continuing legal education seminars on exploring those other forms. Many take the form of variations of the above types of dispute resolution and include Med/Arb (mediation/arbitration in one bifurcated process), "night baseball arbitration" and evaluative mediation (a form of ENE).

Attorneys, their clients and insurers should consider the best process for resolving their disputes, and Karl is open to discussing all such options.

Personal Injury

Karl has over 38 years experience in handling different cases, including serious personal injury claims, wrongful death, vehicle collisions, tractor-trailer collisions, defective products, and premises liability claims.

Estate Administration and Litigation

Karl provides assistance in administering estates and has extensive experience in handling will contests and other probate court litigation.

Other Areas

In the event clients require the services of legal specialists lawyers who concentrate their practices in select areas of the law, for example in such areas as Social Security, taxation, patent law, estate planning, real estate closings or bankruptcy, we work with other attorneys to fully address their legal needs.

Legal disclaimer

Welcome to our website. This site is made available as a service to our clients and friends.

Nothing included on the site is intended as a solicitation, as legal advice, as an advertisement in or out of the State of South Carolina, or to create a lawyer-client relationship. Because the specific facts relating to a matter may affect legal consequences and results, the information provided on our site should not be relied upon without first consulting professional legal counsel to determine if it is applicable to a specific legal need.

This site provides links to other information resources on the Internet. These sites are not endorsed or supported by Folkens Law Firm, P.A., and the firm does not vouch for the accuracy of the information provided therein.

In order to ensure confidentiality, we request that you contact us prior to sending us confidential information relating to any legal matter.