•  

  HOME

  ABOUT US

  SERVICES

  CONTACT

OUR SERVICES:

• Mediation

  Divorce/Custody

  Employment

  Commercial

  Work Place

  Divorce mediation offers clients a dramatically different approach to divorce than traditional litigation and can be used for custody, support and property issues. This approach recognizes and respects the individual clients and their needs. Because of this, mediation has numerous advantages over the traditional litigation process.

   

  Amicable process

  Unlike the court process, which by its very nature is designed to be adversarial, mediation is designed to be collaborative. This does not mean that parties in mediation will be free from emotions when they negotiate, nor does it mean that they have to like each other, or agree upon most issues. “Amicable” simply means that the parties cannot use the process to lash out at one another with strategical maneuvers. Because the mediator is trained to facilitate negotiations between high conflict couples, the process can be successful and productive, even when the parties’ relationship is volatile. Parties often have a better relationship at the end of mediation than when they began. This is especially beneficial when the parties have children together. Parents who mediate successfully, despite their differences, set an incredible example for their children on how to resolve disputes productively.

   

  Cost-effective

  A traditional litigated divorce can cost tens of thousands of dollars. Mediation is a fraction of that cost. The majority of mediated cases can be resolved in ten hours or less. The savings is phenomenal. In addition, research has shown that mediated agreements are more likely to be followed, therefore, also saving the cost of contempt or modification proceedings.

   

  Customized Agreements

  Mediation agreements are customized to you and your family. Court orders and traditional Marriage Settlement Agreements do not include provisions for many of the issues that families face, such as how are the parties going to pay for college tuition, wedding or bar mitzvah costs. The parties can raise their specific issues with the mediator and the agreement will be tailor made just for them. Mediated agreements can also provide creative solutions that would not be considered in traditional litigation, allowing both party’s needs to be met.

   

  Discreet

  The mediation process is discreet. There is no court reporter at the mediation session and everything said in the session is confidential. The mediator cannot be called as a witness if the case eventually goes to court. This protects the parties and makes them comfortable to be open and forthright during sessions.

   

  Client Centered Negotiations

  In a traditional litigation case, the attorneys are at the center of negotiations and the client’s interests can get lost. In mediation, the clients are at the center of negotiations. Although the clients are encouraged to seek legal advice, they are the ones making the negotiating decisions. In addition, the clients, not the court or the attorneys set the pace of the process.

   

  Parties have the option to participate in traditional "parties only" sessions or "attorney present" sessions.

  • Parties Present

    The majority of divorce mediations take place in what are called “parties only” sessions. In this type of session, the parties meet with the mediator without their attorneys present. The attorneys are used as counselors or coaches in between sessions.

     

    The attorneys do not negotiate for the parties or participate in mediation and the parties gather the necessary information to resolve the case. The parties agree that they will not allow their attorneys to file any motions, petitions etc. while they are in the mediation process.

     

    Individual Introductory Sessions:

    Each party has an initial introductory session with the mediator. In this individual introductory session they will learn more about the process, gain a comfort level with the mediator, discuss their concerns and goals for the process, and obtain homework that they will need to complete prior to the first joint session.

     

    Joint Sessions:

    After the individual introductory sessions are completed, the mediator will schedule the parties to come in for their first joint session. Joint sessions are scheduled for two hour blocks of time. At the initial joint session, the parties shall determine what issues they need to resolve in mediation. Any immediate issues shall be addressed and the parties shall prioritize the other issues. Sessions shall be scheduled every other week, which allows parties to have time to gather any needed information, speak with their attorneys, and to make decisions from a calm intellectual place.

     

    Mediation Memo:

    After each session, the mediator shall send out a Mediation Memo to both the parties and their attorneys. This Memo shall summarize where the parties are at in negotiations, anything that needs to be discussed with their attorneys, any homework that needs to be done before the next session, and any issues that have been resolved. This Memo is not binding, but serves as a reference point for parties and attorneys. Once the issues contained in the Memo are complete, it will be used to create the Marriage Settlement Agreement.

  • Attorney Present Sessions

    For clients that do not feel comfortable negotiating by themselves and want the immediate feedback of their lawyer, attorney present sessions are available.

     

    Sometimes clients begin with the traditional "parties only" sessions, but then find that because of the more complex legal issues in their case, that it makes sense to have their attorneys present. Some attorneys contact the mediator when they are close to settlement, but need some help to finalize the agreement.

     

    Mediation sessions for this purpose have the advantage over settlement conciliations with a judge for the mediator will never have the power to make a decision in the case. For this reason, attorneys and parties can be more transparent with the mediator in individual caucus sessions. This allows the mediator to be much more effective at obtaining an agreement.

  Coming Soon

  Coming Soon

   

  Workplace and Ombuds Service

   

  Our mediators can provide mediation services for workplace disputes between employees and/or managers for a specific dispute.  However, often when we are called into mediate disputes, we discover the specific dispute is a symptom of an overriding "dysfunctional conflict culture".

   

  Conflict is an inevitable part of any organization.  In a dysfunctional conflict culture, conflict escalates and is the catalyst for loss of productivity, turnover, and litigation.  In a healthy conflict culture, conflict is addressed skillfully in a direct manner and is a catalyst for growth, collaboration and innovation.  The foundation of organizational health is “conflict competence” throughout all levels of the organization.

   

  To construct this foundation “a conflict culture intervention” can be initiated which addresses current conflicts and the prevention or early management of future conflicts.  Our team first completes a comprehensive Conflict Culture Assessment to understand the sources of conflict in the organization.  Out of the Assessment a customized Action Agenda is developed that can include suggested policy changes, mediation, training, team building, conflict coaching and/or Ombuds services.  Many times there are easy, no cost fixes that can have a substantial positive effect on the culture.

• Arbitration

  Family Law

  Commercial - A

  Arbitration in Divorce Matters

   

  Arbitration in divorce cases offers clients a private setting in which they can resolve most matters in a divorce.  The primary matters to be resolved in a divorce through arbitration are those related to economic issues such as equitable distribution, alimony, counsel fees, costs and expenses.  Matters such as child support and custody are generally not resolved through arbitration due to the nature of those issues.  However, arbitration is often an attractive alternative to traditional litigation relating to the economic issues in divorce for a number of reasons.  Those reasons include:

   

  Privacy

  The arbitration process is completely private.  In fact, a divorce action need not be filed until all other issues are resolved.  The arbitration process begins with the parties and their respective counsel selecting a qualified arbitrator.  Often, the arbitrator is an experienced lawyer in the area of divorce law.  The parties and the arbitrator enter into an arbitration agreement which sets forth the areas the arbitrator is to address, the manner in which the issues are to be addressed, and the cost to the parties in arbitrating the issues.  Although the issues to be addressed are often those common to divorce matters, the arbitration can cover all issues related to the divorce or specific issues selected by the parties.

   

  Efficiency

  Arbitration is far more efficient and less time consuming than traditional litigation.  This is primarily due to the fact that the only schedules that need to be accommodated are those of the parties, their counsel and the arbitrator.  In traditional litigation, there are often lengthy delays due to the court calendar.  It is simply not possible to schedule any type of proceeding with a judge on short notice.  If a matter has to go to trial, the court calendar often necessitates that such a proceeding has to be scheduled several months in the future.  Also, many counties have permanent masters that hear divorce cases.  As such, the judge is not hearing the case.  Again, the court calendar for masters may be several months in the future.  Also, whether a judge or master hears the case, the parties often have no input on when the matter will be heard.  The court calendar dictates the schedule.   In arbitration, the arbitrator is able to schedule the case for hearing after conferring with both parties and their counsel.  A mutually agreed upon date or dates are selected and the matter is scheduled.  The arbitration process allows for the all issues to be addressed in a timely and efficient manner.

   

  Expense

  Arbitration is often less costly than traditional litigation.  In traditional litigation, the court calendar often dictates that there will be delays before a final hearing can take place.  Also, as most counties utilize masters to hear divorce cases instead of judges, a master hearing the case includes an appeal process that is costly and time consuming as well.  Arbitration can minimize most of the extra costs incurred due to delays because of the efficiency which exists due to the availability of the arbitrator to address issues.  Also, there is generally no appeals process in arbitration such as that which exists with masters.  Therefore, there are less proceedings which usually means less cost to the parties.

   

  Finality

  Arbitration offers a private, efficient, and often, less expensive manner in which parties can reach finality in their divorce.  Divorce matters in traditional litigation cases can sometimes take years to be resolved.  Due to the ability of parties to appeal decisions, a case can go on for months or years even after a trial occurs.  It can also take months to actually receive a decision after a hearing or argument before a judge.  The agreement to arbitrate which is entered into by the parties and the arbitrator can set forth the timeline which is to be filed by the arbitrator in terms of rendering a decision.  Also, the parties can agree that the arbitrator’s decision will be final. A divorce matter that drags on for years is rarely beneficial to anyone.  The finality which results from arbitration allows parties to move on with their respective lives much sooner than traditional litigation.

  Coming Soon

• Collaborative Law

  We have lawyers trained and certified in collaborative law to address any family law issue. Collaborative law is a form of alternate dispute resolution in which the lawyers and parties work together to resolve issues in a mutually acceptable settlement. If parties agree to use the collaborative law approach, the lawyers and parties sign an agreement where the case cannot proceed to litigation in the court. The lawyers must withdraw from the case if either party initiates any action in the court system.

   

  The purpose of collaborative law is to foster respectful communication between the lawyers and parties and to reach an amicable settlement. Collaborative lawyers may work with other professionals, such as independent financial planners or parenting coaches, to assist the parties in reaching a settlement. Collaborative law can be a more cost effective, more efficient and less stressful alternative to the traditional litigation approach to family law issues.

• Early Neutral Evaluation

  Early neutral evaluation provides clients with an assessment of the merits of their case by a neutral expert.  This can serve as a "reality check" for both clients and lawyers.  This can help attorneys settle cases before litigation spins out of control.

   

  In large, complex cases, a meeting with a neutral expert at the beginning of the case, can focus the direction of settlement negotiations.  This meeting is done at a very early stage in the case with its purpose not being to produce a settlement, but instead, to pave the path for constructive settlement negotiations.

   

  The Alternative Group provides early neutral evaluation services through Chris F. Gillotti and Robb D. Bunde.  With 48 and 24 years experience in family law respectively, Attorney Gillotti and Attorney Bunde bring a wealth of insight to the table.  Both are members of the American Academy of Matrimonial Lawyers, a national organization for attorneys practicing family law at the highest level, and were voted Pennsylvania Super Lawyers in Family Law from 2009 - 2015. In addition, Attorney Gillotti was named The Pittsburgh Family Law Attorney of the Year in 2011 by Best Lawyers..

• Conflict Coaching

  Coming Soon

• Training

  Mediation and Conflict Resolution Trainings

  
  TheAlternativeGroup provides trainings to the public, organizations and corporations in conflict management and mediation skills.

   

  Upcoming Pennsylvania Trainings:

   

  40 Hour Basic Mediation Training

   

  The Alternative Group's basic mediation training is presented in conjunction with Behrend Mediation Services.  In addition to comprehensive mediation skills, the training provides an overview of negotiation and conflict theory,   Participants are encouraged to develop their own mediation style based on their individual strengths and practice areas.  The training includes the sixteen hours of role plays required by the Federal Court ADR program.  The course also meets the requirements of CLASP and other court sponsored programs.  Course sizes are kept small to allow for individual attention during role plays.
  
  

  Download PDF here.

   

  Pittsburgh, PA

   

  This Basic 40 Hour Mediation Training course will be completed over the course of two sessions

  
   Fall 2018: November 1, 2, 3, 15 & 16 (8am-4pm)

   

  Location:

  5167 Butler Street, Pittsburgh, PA 15201.
  Classroom size is limited.  To reserve a guaranteed space you may provide a deposit.

   

  Members of the Mediation Council of Western Pennsylvania and The Pennsylvania Council of Mediators will receive 10% off.

  To register or to make inquiries, please email us at info@thealternativegroup.com or contact Ian Mokel at 412.391.7733.

   

   

  Pittsburgh Advanced Training

   

  Bernie and Selina are currently planning a day long advanced mediation training for experienced mediators.  More information to follow shortly.  You can email your interest to Info@thealternativegroup.com.

   

  Upcoming National Trainings:

   

  Pepperdine Professional Skills Program: Advanced Decision Making for Attorneys and Neutrals

   

  Basic Mediation Training UNLV

   

  Presenters:

   

  ​Selina Shultz, Esq., LL.M.Bernie Behrend, Esq.

   

  Recent Pennsylvania Trainings:
  
  

  • Creating a Thinking Environment in Mediation
  • The Psychology of Conflict from Theory to Practice
  • The Mediator's Toolbox
  • Basic 40 Hour Certification Training
  • Dealing Effectively with the Stages of Grief in Mediation
  • Apology and Forgiveness
  • Basics of Employee Dispute Resolutions Systems
  • Westmoreland County 40 Hour Basic Family Mediation Training through The Pittsburgh Mediation Group
  • PBI Family Law Section Winter Meeting ADR Panel
  • Philadelphia Family Law Institute ADR Panel
  • Pennsylvania Council of Mediators Townhall
  • AMG Research Team Building and Conflict Management Skills
  • FedEx Mediation Skills Course

  
  Recent National Trainings:
  
  

  • Association for Conflict Resolution 2012 Annual Conference New Orleans, LA
  • Association for Conflict Resolution 2013 Annual Conference Minneapolis, MN
  • University of Las Vegas School of Law CLE Course
  • Pepperdine University Mediation Course
  • Nevada OSHA Mediation Skills Course

   

  Let us know if you would like more information on creating a customized training for your group or organization by clicking here.

• Program Design

  Program Design Services

  
  The Alternative Group is uniquely equipped to assist corporations and organizations in designing customized In-House Mediation Programs and Litigation Prevention Systems based on their specific needs. Our national team is guided by the experience of the leading expert in Dispute Resolution Systems Design, Jeffrey Paquin, who put in complete Dispute Resolution Systems in corporations such as General Electric. Our team is interdisciplinary, coming from the highest levels of both the Organizational Development and Dispute Resolution fields. Both our Principals and Affiliate Consultants have incredibly extensive ADR experience, both as actual providers of services, and designers of ADR systems/programs, working inside private and public programs such as local, state and federal courts, the Equal Employment Opportunity Commission, as well as current work inside corporate In-House Mediation Programs, including Home Depot and Darden Restaurant Group.  We have worked with and developed ADR policies and procedures in court systems, organizations and corporations, addressing all types of disputes. This experience has taught us what works and what does not. We understand the nuances of promoting a system effectively so it is actually used. We have done extensive training and many of us have taught ADR at well-respected institutions, including the University of Pepperdine School of Law, The University of Pittsburgh School of Law, Duquesne University School of Law, and UNLV School of Law.  (A full list of our affiliate CoralBridge Partners’ Bios can be found on its website at www.coralbridgepartners.com).

  • In-House Mediation Program Design

    General Design Approach

    
    CoralBridge customizes each In-House Mediation Program for the specific customer after careful assessment of what type of program would best meet their needs based on the types, number, and costs of claims normally experienced by their organization. Program features are decided upon with the client to both maximize their potential cost of conflict and/or litigation savings and in consideration of their budget constraints and long-term objectives. The following is an introduction to the features that are available for a program.

     

    In-House Mediation Program Elements:

     

    Each In-House Mediation Program includes three elements: (1) Design: The work needed to develop the appropriate program, including assessment of the types of claims, and the work to get a program up and running;  (2) Administration: The work needed to administer the program once in place, including screening cases, assigning mediators and scheduling; and (3) Mediation Services: The actual mediation of the claims to resolution.  Each element has various design options based on a customer’s specific needs.

  • Litigation Prevention Systems Overview

    The Alternative Group works with clients in their particular area of need to create a customized “System” to prevent costly litigation before it happens.

     

    Today, corporations are discovering that if they spend a relatively small amount of time and money addressing issues that repeatedly arise in litigation, they can institute a systematic prevention of employment and consumer disputes, saving them substantial dollars in defense costs, settlements, lost productivity, and turn over.  As an added benefit, insurance companies reduce premiums for corporations that have taken the steps to put a Litigation Prevention System into place.

     

    Some Statistics:

     

    • Motorola had a 75% reduction in outside litigation costs over six years, after implementing a System
      
      
    • Brown and Root reported an 80% reduction in outside litigation costs in the first year of implementing a System to address employee issues
      
      
    • NCR reported a 50% reduction in outside litigation costs and a reduction of pending lawsuits from 263 to 28
      
      
    • The US Air Force estimated a savings of 50% per claim

     

    *Statistics Obtain from Research Completed by Joan Goldsmith and Ken Cloke.

     

    The Solution…

     

    The good news is that the fix is relatively easy.  It is a simple shift from being reactive to proactive.  Once a company accepts that despite its best efforts, some mistakes and conflicts are inevitable, they can move forward and address them head on, instead of feeling ambushed every time they happen.

     

    The Alternative Group helps corporations take 3 important steps:

     

    1. Proactive Prevention
       
       Although the occurrence of some mistakes is inevitable, The Alternative Group helps corporations develop a plan to minimize the number of mistakes made. A plan is tailor made to address prevention through hiring, training and culture.
       
       
    2. Proactive Diffusing
       
       Research continues to show that how consumers are treated immediately after a mistake has occurred, significantly impacts whether or not they will decide to file suit.  The Alternative Group trains employees how to respond to mistakes in a way that will both address consumer’s needs and limit the corporation’s exposure.
       
       
    3. Proactive “Process Picking”
       
       When a consumer or employee does decide to pursue a claim, mediation and arbitration are cost and time efficient alternatives to traditional litigation.  The Alternative Group helps the corporation’s legal department develop a process in which the employee or consumer agrees to mediation and/or arbitration if a dispute occurs, saving the corporation thousands of dollars.

     

    The cumulative result of these three steps is an incredibly effective “Litigation Prevention System” that not only saves the corporation hundreds in thousands of dollars in litigation costs, but also boosts employee morale and safe guards consumer confidence. Although, conflicts are inevitable, Litigation Prevention Systems allow corporations to accept this reality in a proactive, intentional way that is in the best interest of the company, the employees and the consumers.