Bringing Integrity and Efficiency to Dispute Resolution

Mediation

Mediation is a voluntary, confidential process in which a neutral third party, the mediator, helps facilitate negotiation of parties in conflict. Unlike the adversarial nature of litigation, the consensual process of mediation allows parties to control their fate with the guidance of a mediator. Parties select their mediator, decide the issues to be discussed, and determine the outcome. Mediation, therefore, is all about the parties and their ability to control their dispute as they seek a mutually agreeable resolution.

The most successful mediators are those who develop a rapport with mediation participants, and the most satisfied parties are those who have prepared well for mediation. As a mediator, Susan Exon strives to achieve these goals. Since mediator style is not the best predictor of successful mediations, she offers a 360-degree style in which she suggests ideas for mediation preparation, facilitates communication, and serves in a directive capacity as needed. Susan brings to the table patience, perseverance, and perpetual optimism as she helps parties in conflict to craft their resolution.

Arbitration

Arbitration is a dispute resolution process in which an impartial arbitrator renders a decision based on evidence that parties present. Arbitration can be either binding or nonbinding, depending on the underlying source. For example, many commercial contracts include provisions for binding arbitration in which the prevailing party is entitled to its attorney’s fees.

Successful arbitrators bring subject matter expertise to the table. With experience as a commercial and civil litigator and over ten years of experience as an arbitrator, Susan Exon brings a flexible, progressive style to her arbitrator toolbox. Once hired, she meets with counsel and/or unrepresented parties to discuss their goals for the arbitration process and the level of formality that is desired. Susan helps the parties to tailor their specific dispute resolution needs by discussing whether rules of evidence will apply, whether witnesses will testify in person or by affidavit, use of exhibits, time constraints for the hearing, formality of the arbitration award, and more.

Online Dispute Resolution

The earliest forms of online dispute resolution (ODR) dealt with online disputes involving consumer transactions. Today, ODR is not limited to online disputes or to e-commerce consumer transactions; it has evolved to handle all types of disputes that occur both online and offline. Technology now allows all or part of the dispute resolution process to be conducted online, including filing and appointment of a neutral, convening and preparation, participation in mediation or arbitration sessions, document and evidence sharing, signing settlement agreements, and more.

Susan Exon is a long-time advocate of ODR, speaking and writing about it for over a decade. In 2020 as business transactions moved online using a variety of technology to develop and enhance dispute resolution, Susan has embraced ODR techniques with flexibility and expertise.  She is ready to accommodate your substantive and process needs with confidentiality and security.

Neutral Fact-Finding Investigation

Neutral fact-finding is a process in which a neutral third party, selected either by disputing parties or by a court, investigates issues and renders findings of fact. Neutral fact-finding is especially important when parties in conflict are biased and inflexible. The fact-finder helps the parties by rendering an objective, focused report of her findings. The neutral fact-finding process is particularly useful for resolving complex factual and scientific disputes.

Susan Exon is keenly aware of the impartial, objective approach that is needed to be a neutral fact-finder and is ready to assist you with your dispute resolution needs.

ADR Training

Whether for CEOs, Managers, or other individuals, a solid understanding of the principles and practice of dispute resolution will greatly enhance the efficiency of any organization. Focused ADR training teaches positive communication skills, mindful engagement and empowerment necessary to understand the elements of convening meetings and addressing business challenges. Attorneys also can benefit from ADR training through special Continuing Legal Education programs.

Susan Exon is uniquely qualified to determine the needs of your organization, make appropriate recommendations for training, and then efficiently and successfully conduct that training. As a law school professor, trainer, and presenter for more than 20 years, Susan understands the nuances of positive, objective communication and dispute resolution techniques that can diffuse conflict and communication challenges.

Author

Susan Exon has been involved in academia for over thirty years, starting out as a paralegal instructor before becoming an educational administrator and finally a law professor. She has authored an advanced mediation textbook, several book chapters, and has written countless law review articles and shorter works. The main focus of her writing has been on mediation ethics, including mediation standards of conduct, and online dispute resolution. Before retiring from law school teaching in 2020, Susan spent several years researching and writing about issues of trust and especially how a mediator can engender trust in an online platform.