Mediation and dispute resolution services designed to efficiently resolve today's technologically complex disputes.
MR2 is a mediation and dispute resolution service designed to bring about the efficient settlement of technologically complex disputes. We believe that to be effective, mediators must reflect the industries and the times they serve. Our neutrals and fact finders are innovators in their own right and have the background and knowledge to quickly understand highly complex and technical issues in industries such as computer hardware, software, application design, bio-science, telecommunications, and engineering.
Unlike traditional mediation services staffed by senior litigators and retired judges, MR2 is taking a different approach and concentrating on establishing a mediation roster composed of current industry savvy experts in a particular field. By being “subject matter ready,” MR2 mediators will provide a dispute resolution experience that is highly efficient, cost effective, and more likely to result in a just settlement.
MR2 provides alternative dispute services that dramatically reduce the cost and life-cycle of a litigation or prevent it altogether by providing expert technology and market based mediation services to the business and legal communities. From providing template mediation language for use in B–B or B–C sales and service contracts, to pre-and post-litigation dispute resolution services including mediation, mini-trial advisory opinions, and neutral evaluation MR2 services will be robust and to the exacting standards expected by knowledgeable clients and legal counsel. In the future, MR2 will add arbitration and med-arb services.
MR2 mediators are top of class, top of industry. They run the gamut from university professors to bio-engineers, former patent examiners, and executives and attorneys from the industries relevant to the dispute before them. More importantly, they are trained and objective neutrals that, by drawing on their expertise and industry knowledge, will be able to fashion solutions and compromises that others cannot. Where appropriate, MR2 will pair a skilled ADR attorney specialist with a specialized mediator to create a multi-discipline mediation partnership to fashion an effective and lasting resolution.
One size does not fit all. MR2 matches your case with the appropriate expert mediator to provide a tailored fit.
Richard Malcom Reice is an experienced labor and employment law counselor and litigator with both law firm and in-house counsel experience. He has considerable expertise in negotiating employment contracts, collective bargaining agreements, litigating employment discrimination and restrictive covenant/IP protection matters, both locally and nationwide. Other practice areas include labor management relations, wage and hour issues, and the design and the implementation of workplace policies and procedures.
Richard has tried numerous arbitration, federal, and state court cases. He is a SDNY trained mediator with extensive ADR expertise. He is a member of the International Bar Association and has appeared on international CLE panels. He also belongs to the ABA, the NYSBA, the Federal Bar Counsel, and the Second Circuit Inn of Court.
Marc Aaron Melzer is an experienced technology and intellectual property litigator with more than a decade of experience representing clients from individuals to major state agencies and Fortune 500 companies. Marc has worked extensively with technical subject matter experts, distilling complex matters for fellow attorneys and courts, to promote his clients’ interests at all stages of litigation.
In addition to his intellectual property and information technology experience, Marc has significant experience in employment matters and complex commercial disputes. Marc has litigation experience in both federal and state courts, and has been involved in mediation efforts on a variety of issues. He is a member of the Social Media Law Committee of the NYSBA’s Commercial and Federal Litigation Section, through which he has taught CLE programs on social media law, and has been a member of the NYC Bar’s Information Technology Law Committee, in addition to participation in the ABA.
Your innovation is unique, and MR2 provides access to mediators that are as advanced as you.
At MR2 we will do everything we can to facilitate a resolution of your matter. While each case if different, and flexibility is key, the process requires some ground rules. Our default rules are set forth below. To make it simple, by submitting a dispute to MR2 for mediation and resolution, the parties are deemed to have accepted and agreed to follow MR2 procedural rules in effect at the time of submission. Lest we limit creativity, the parties may deviate from these rules, preferably in consultation with your mediator, but only if they do so in writing, signed and agreed to by each party.
If the parties have not selected a mediator from roster of mediators, or cannot agree on a mediator but desire to proceed with mediation, MR2 will provide the parties with names and CVs of five mediators that it believes are appropriate to mediate the dispute, taking into account the subject matter, urgency, and location of the parties. Each party may strike one name from the list. MR2 will then appoint a mediator from among the remaining three names. The selected mediator will confirm that he or she is neither biased against any party not conflicted in any way, meaning that they have no financial interest in the outcome of the mediation. Should such inquiry reveal a material conflict MR2 will appoint a different mediator. Please note that mere ownership of stock via an investment fund will generally not constitute a conflict, but it should be disclosed by the mediator to the parties.
MR2 mediators abide by the Model Standards of Conduct for Mediators as adopted by the American Bar Association. The parties are expected to conduct themselves professionally.
The goal of mediation is for the mediator, using his or her knowledge and creativity, to work with the parties to reach a settlement. The Mediator will contact that parties soon after his or her selection to establish the time, place, and protocol of the mediation. Generally, mediations are conducted in an MR2 facilities because it is neutral ground, but the parties and the mediator are free to select an alternative location.
Mediation sessions are run by the mediator and their structure (in person, via teleconference, joint or in caucus) are left to the mediator’s discretion. Ex parte communication by the mediator with the parties either before or during the mediation is common and generally beneficial to the process. Parties are expected to relate to the mediator with the respect and deference they would an arbitrator or a judge when conducting the mediation session even though their final product, should there be one, is a settlement as opposed to a binding decision. The mediator will, of course, be guided by the judgment of the parties in structuring the mediation.
Given that mediation is voluntary, either party is free to withdraw from the process at any time. Similarly, the mediator may conclude the mediation should he/she find that a party is not participating in good faith or that further discussions will not prove beneficial. he mediator may also recommend to the parties that the parties take a break from mediation for an agreed period of time, to have an opportunity to consider new factual information, settlement options and to consult with clients, or simply to let emotions subside that may be interfering with the settlement process. Thereafter, the mediator may stay in touch with parties to help bring about a resolution. The best mediators don’t give up on trying to have the parties arrive at settlement.
From time to time, the parties will ask the mediators to change rolls, and arbitrate their dispute, and issue a final and binding written decision. MR2 rules do not preclude this result, but the parties shall have to stipulate in writing to MR2 their consent to arbitrate their dispute using their assigned mediator and the case will be then adjudicated by MR2 arbitration rules then in effect.
Mediation is confidential. Even during the course of the mediation, the mediator should not share the statements or documents of one party with the other without consent to do so, nor will the mediator retain the parties’ documents at the conclusion of the mediation. The parties will be required to sign a mediation confidentiality statement prior to the commencement of any mediation session. In addition, the law of most U.S. jurisdictions is that statements made by a party during the course of settlement discussions are not admissible at trial. In other words, what happens in mediation, stays in mediation.
See Fee Schedule in effect at the time of the mediation
All expenses of the mediation, including mediator travel fees and meals, shall be borne equally by the parties unless the parties agree otherwise. Each side shall bear the costs of their requested participants and experts.
The law of the jurisdiction where the mediation is conducted shall take place. If conducted by teleconference, then the jurisdiction where the mediator is located shall apply, unless the parties agree otherwise in writing.
Mediation is an art, not a science. Neither MR2 nor the mediator shall be a liable to any party for any act or omission in connection with any mediation. Mediators cannot promise a positive outcome to a mediation, or any specific result to any party.