https://berksbar.org

ALTERNATIVE DISPUTE RESOLUTION PROGRAM

Alternative Dispute Resolution (ADR) refers to ways of settling civil disputes outside the courtroom.

This generally means arbitration and mediation courses selected by opposing parties in disagreement who would rather avoid crowded dockets, potentially higher costs, and drawn-out litigation.

Arbitration is a simplified version of a trial. A dispute is submitted to a third party for a decision, which may be binding or non-binding (advisory). In either case, the arbitrator, a neutral person or panel of neutral persons, hears each side's presentation of evidence and arguments, then makes a determination in favor of one or the other. The disputing parties must agree in advance that the arbitrator's decision (typically an award) is final. And, unlike arbitration through the courts, ADR programs can arbitrate cases involving any amount of money in question.

Mediation is a process for resolving disputes with the aid of a neutral person, in this case an attorney trained in negotiation. The mediator's role involves identifying the issues in question and exploring and negotiating settlement options by meeting with each party privately or both sides collectively in the same room. (All information is held in confidence by the mediator.)

It is not the mediator's job to decide the outcome; the parties in the dispute and their counsel must agree to any resolution. Mediation is an even less formal alternative to litigation than arbitration.

Request For Mediation

Step 1 Step 2
Fill out the Mediation Request Form to begin. Sign and return the Mediation Agreement Form
Download The PDF Download The PDF

MEDIATORS AND ARBITRATORS

Name Firm Phone  
Daniel Bausher Stevens & Lee 610-478-2000 Email
Bill Blumer KOZLOFF STOUDT 610-670-2552 Email
Jeffrey A. Franklin Prince Law Offices, P.C. 610-914-1953 Email
Thad Gelsinger Barley Snyder LLP 610-372-3500 Email
John Miravich McNees Wallace & Nurick LLC Email
Frederick Mogel Mogel, Speidel, Bobb & Kershner 610-376-1515 Email
John Muir Kozloff Stoudt 610- 670-2552 Email
Jennifer Nevins Stevens & Lee 610-478-2243 Email
Jesse Pleet Pleet Law Office 610-823-1944 Email
Gabriela G. Raful Galfand Berger LLP (215) 665-1600 Email
Peter F. Schuchman Jr. Kozloff Stoudt 610-670-2552 Email
Edwin L. Stock Stock Alfieri LLC 610-372-5588 Email


FREQUENTLY ASKED QUESTIONS

What Is The Berks County Bar Association Alternative Dispute Resolution Program?

The program is administered by the Berks County Bar Association and intended to offer mediation and arbitration services as a more efficient means of resolving certain disputes without costly and time consuming litigation.


What Kind Of Cases Are Eligible?

All civil actions except cases involving divorce, equitable distribution, custody, child or spousal support, alimony, alimony pendent lite, or paternity are eligible.


What Is The Difference Between Arbitration And Mediation?

Mediation is essentially a settlement discussion involving the parties, their counsel, and a neutral third party who is trained in the facilitation of and assistance with settlement negotiations. The mediator does not make any decision for the parties or value the case unless the parties agree otherwise. Information revealed in the course of mediation is held in confidence by the mediator, subject to the Pennsylvania Mediator Privilege Statute. Mediation offers a less structured way for the parties to explore and negotiate multiple settlement options with the assistance of a specially trained mediator. With mediation, there is no binding decision. Any resolutions reached through mediation must be agreed to by the parties and their counsel. Arbitration involves a more structured format, leading to a binding decision by the arbitrator. Arbitration is conducted in accordance with the Revised Statutory Arbitration Act. However, there are numerous options available to the parties concerning limits on any awards entered by the arbitrator. In fact, the parties are free to set any mutually agreeable limits.


What Are The Benefits Of The Berks County Bar Association Civil Dispute Resolution Program Over Mandatory Arbitration In The Court Of Common Pleas?

Because of the automatic right of appeal in mandatory court arbitration, statistics show that up to 60% of the decisions rendered in mandatory arbitration are appealed. In contrast, the Bar Association Arbitration Program Rules track the Revised Statutory Arbitration Act, which has some limits on appeal. Unlike court arbitration, this program can arbitrate cases involving any amount of money in controversy.


Do The Parties Participate In Selection Of The Arbitrator/Mediator?

Absolutely! The Berks County Bar Association has a list of approved arbitrators/mediators. The parties may, within 20 days from the date they submit the arbitration/mediation agreement, select the name of a mutually agreeable arbitrator/mediator and provide that name to the bar association. If the parties are unable or unwilling to select an arbitrator/mediator within 20 days, the bar association will make a random rolling assignment of one of the arbitrators/mediators from the approved list. A list of the arbitrators and mediators who are certified and approved by the Berks County Bar Association is available from the bar association.


Where Is The Arbitration/Mediation Conducted?

It can be conducted at the bar association, at the arbitrator/mediator’s office, or at any location which is agreeable to the parties and the arbitrator/mediator.


Is The Berks County Alternative Dispute Resolution Program Supported By The Berks County Bench?

Yes. The Berks County Bench has endorsed the program’s mission to offer services designed to assist litigants and potential litigants with resolution of disputes.


Must A Case Be Pending In The Court In Order To Be Eligible For Mediation Or Arbitration?

No. In fact, in many instances, mediation and/or arbitration can assist parties in resolving a dispute before a complaint is even filed.


How Is A Request To Arbitrate/Mediate Processed?

The parties seeking to submit a dispute for arbitration/mediation need to complete a Request Form and submit it to the Berks County Bar Association, along with a fee in the amount of $1,300.00. A request to arbitrate/mediate must represent that all parties to the action view the arbitration/mediation as a potential aid to the resolution of their dispute.


How Much Does Mediation/Arbitration Cost?

The initial cost is $1,300.00. Of that amount, a $325.00 Administrative Fee paid to the bar association is nonrefundable. The $975.00 initial mediator/arbitrator fee is only refundable up to the point in time when a mediator/arbitrator has been appointed. The initial $975.00 covers the first three (3) hours of the mediator’s/arbitrator’s time. In the event the three (3) hours are exceeded, the parties agree to bear equally an hourly fee for the mediation/arbitration in the amount of $325.00 per hour.

Absent a written agreement to the contrary, the parties will be responsible for an equal share of the fees and expenses of the mediator/arbitrator.

If this information does not answer all of your questions, please do not hesitate to call or contact the Bar Association office at 610-375-4591.


Mediators and Arbitrators Bios

Daniel E. P. Bausher, Esquire graduated from Juniata College in 1976 and from Dickinson School of Law in 1979. Since 1979, he has been employed at Stevens & Lee performing civil litigation. He is presently the head of the Personal Injury Trial Group at Stevens & Lee and does both plaintiff and defense personal injury work. He is admitted to practice in all courts in the Commonwealth of Pennsylvania, including the U.S. District Court for the Eastern District of Pennsylvania, the U.S. District Court for the Middle District of Pennsylvania, and the United States Court of Appeals for the Third Circuit. He has lectured on numerous occasions regarding various aspects of Civil Trial Practice. He is a member of the PA Trial Lawyers Association (now known as the PA Association for Justice) and The PA Defense Institute. He is also a member of the Civil Litigation Section and Workers Compensation of the Pennsylvania Bar Association. In 2007, he became the President of the Berks County Bar Association. In addition, he has been an active member of the Berks County Bar Association through participation in various committees such as the Berks County Civil Rules Committee, Bench-Bar Conference Committee, Workers Compensation Section and the Berks County Alternative Dispute Resolution Program. He was certified as an approved mediator/arbitrator for the Civil Dispute Resolution Program in December of 1997 and was recertified as a mediator/arbitrator in 2008.

Bill Blumer is an attorney with the Wyomissing law firm of Kozloff Stoudt where he focuses on elder law, estate planning, fiduciary litigation, guardianships and estate administration. He is certified in elder law by the National Elder Law Foundation. He currently chairs the Estate Planning and Elder Law section of the Berks County Bar Association, and is a member of the board of directors the Pennsylvania Association of Elder Law Attorneys. Bill has handled a variety of contested Orphans Court matters including will contests, contested guardianships, and objections to estate and trust accountings. Bills clients come from diverse economic backgrounds where he confronts complex issues of estate, gift and generation skipping transfer tax planning, fiduciary accounting, trust design and administration, special needs planning, as well as issues of Medicaid eligibility and designing strategies to obtain or preserve Medicaid eligibility. Bill has a B.A. from Bucknell University. He received his J.D. from the Dickinson School of Law and his LL.M in taxation for the Villanova University School of Law. He was admitted to practice in 1990.

Jeffrey A. Franklin, Esquire is an attorney with over 25 years of civil practice experience representing both plaintiffs and defendants including being an arbitrator and trained settlement negotiator. Jeff advises clients primarily in business law including electric, gas, telecommunication, alternative energy, transportation, and water regulation. He also has extensive experience in technology, Internet, computer law, and cybersecurity issues. He is the principal technology consultant with BrightLine Tech Solutions, LLC. He can be reached at JFranklin@BrightLineTechSolutions.com.Jeff has successfully conducted administrative adjudications, civil cases, and appeals before various courts and administrative agencies. Prior to joining Prince Law Offices, P.C., Jeff was counsel with an Am Law 100 firm, and a partner and Chief Information Officer (CIO) of a Central Pennsylvania-based law firm. Jeffs practice areas include Prince Law Offices Energy, Utilities, and Communications, Cybersecurity & Privacy practice groups as well as its Business, Intellectual Property, Real Estate including Zoning, Land Use, and Condemnation, and Firearms consulting practice groups.Jeff holds a B.A. from Bucknell University and a J.D. from University of Pittsburgh School of Law, where he served as Executive Editor of the Journal of Law and Commerce. He attended special programs at the London School of Economics and at The American University.Jeff is past President of the Berks County Bar Association, has served on the PBA House of Delegates and committees, and has served as an officer of various ABA committees. He also serves on arbitration panels for the Berks County Court of Common Pleas. He is admitted to practice before the United States Supreme Court, the U.S. District Court for the Eastern District of Pennsylvania, and the several courts in the Commonwealth of Pennsylvania.

Thad M. Gelsinger, Esquire is a partner in the litigation group at Barley Snyder, LLP. Thad earned his B.S. from the Pennsylvania State Universitys Smeal College of Business and he has a Masters in Business Administration and Juris Doctorate from Widener University. Thad is admitted to practice in the state courts for Pennsylvania and New Jersey as well as the Federal District Courts for the Eastern District of Pennsylvania, Middle District of Pennsylvania, and New Jersey. Several other federal and state courts have granted Thad temporary admission, as needed, to represent his clients interests in those jurisdictions. In addition, he has appeared in mediations and arbitrations administered by the American Arbitration Association and JAMS. Thads practice focuses primarily on business, litigation, and personal injury litigation. For more than a decade, he has handled disputes ranging from partnership dissolutions and complex commercial matters to wrongful death cases. Outside of his active trial practice, Thad has participated in Working Group 1 of the Sedona Conference including as a drafting team member for a revision to the groups Commentary on Information Governance. He is a member of the Board of Directors for the Berks County Bar Association and serves as Co-Chair to the Bars Civil Litigation Section.

John J. Miravich, Esquire, is an attorney with McNees Wallace & Nurick LLC. He has mediated numerous cases including personal injury, construction, environmental, contract disputes, and even cases seeking equitable or injunctive relief. In his practice, he represents clients in complex litigation matters, including commercial, antitrust, trademark, copyright, and construction. His practice also focuses on education law, municipal law, and financial issues. He frequently assists clients in contract negotiations, counseling them on litigation avoidance and insurance coverage issues. Likewise, he has arbitrated commercial, construction and employment matters. John received his J.D. from the Dickinson School of Law at Penn State University, which honored him with its Distinguished Service Award in 2006, and his B.A. from Bloomsburg University. He served on the Dickinson School of Laws Alumni Board of Directors as a past president. John has held various other leadership roles as well, including co- chairman of the Berks County Bar Association Local Rules Committee; chair of the Greater Reading Chamber of Commerce Government Affairs Sub-Committee on Public Infrastructure; president of the Saint Thomas More Society, Berks County Chapter; a member of the Board of Directors for the American Red Cross Berks County Chapter; vice president of Exeter Township Fire Commission; past director of the Berks County Bar Association Board of Directors; past president of the Endlich Law Society of Berks County; past chairman of the Greater Reading Chamber of Commerce Municipal Affairs Committee; past president of the Marys Shelter/Marys Home of Reading, Pa. Board of Directors; and a member and past president of Legatus, Lehigh Valley Chapter.

Frederick R. Mogel, Esquire was awarded a B.A. in Economics in 1977 from Syracuse University and a J.D. in 1980 from Weidner University School of Law (Delaware Campus). Mr. Mogel is active in many local, state, and national Bar Association committees. At the Berks County level, he is a member of the Entertainment (past chair), Bench Bar (past chair), and the Alternative Dispute Resolution Committees and the Family Law Section (past chair). At the Pennsylvania Bar Association level, he is a member of the Real Property, Probate Trust Law, and Family Law Sections, and at the national level, the American Bar Association, he is a member of the section on Family Law.Mr. Mogel was a past President of the Endlich Law Club as well as the Young Lawyers Section of the Berks County Bar Association. He was also a former Treasurer and a President of the Berks County Bar Association. Mr. Mogel concentrates his practice primarily in the areas of family law, residential and commercial real estate (including mortgage foreclosure, zoning and planning), municipal law, estate planning and administration and as arbitrator in UIM/UM arbitrations (usually as the neutral) through ADR Options, Inc., (as one of two approved arbitrators/mediators of Berks County) and as a mediator/arbitrator through the Berks County Bar Association's Alternative Dispute Resolution Program.

John E. Muir, Esquire is a Shareholder and Director with Kozloff Stoudt in Spring Township. He received his Bachelor1s degree in political science from Albright College in 1990 and his law degree from Widener University School of Law in 1993. He served as an Assistant District Attorney with the Berks County District Attorney's Office from 1993 through 1997 where he prosecuted violent crimes, including homicides. Since 1997, he has been actively engaged in a civil litigation practice in which he does both plaintiff and defense personal injury work. In addition to personal injury work, he has significant experience in defending medical malpractice claims, as well as representing plaintiffs in medical malpractice actions outside of Berks County. He has represented a local utility company for over twenty (20) years and has handled litigation matters throughout southeastern Pennsylvania. He has been lead trial counsel in over one hundred (100) jury trials and/ or arbitrations. Mr. Muir is active in the Berks County Bar Association and has previously served as Chairman of the Civil Litigation Section, Municipal Law Section and the Civil Rules Committee. He represents several municipal authorities as well and has done legal work for over sixty (60) fire companies located throughout southeastern Pennsylvania. He has served as special counsel to various municipalities and school districts throughout Berks County in litigation and condemnation matters. Mr. Muir has held various leadership roles with the YMCA of Reading and Berks County and is currently on the Board of Directors for Berks Catholic High School. He is admitted to practice before the United States Court of Appeals for the Third Circuit as well as the Pennsylvania Supreme Court. He has argued before all Appellate Courts in Pennsylvania as well as the Third Circuit Court of Appeals. He has served as a certified mediator/ arbitrator for the Berks County Bar Association Alternative Dispute Resolution Panel since its inception over fifteen (15) years ago. He is a Chair Qualified Arbitrator through the Berks County Court of Common Pleas. Finally, he is one of the original Court Appointed Civil Discovery Master and participated with the Judges in establishing the Berks County Discovery Court Program.

Practice Area: Trusts and Estates, Orphans Court, Nonprofit CorporationsIndustries: Higher EducationJennifer concentrates her practice in Orphans Court matters, including the administration and settlement of trusts and estates, trust reformations, guardianship proceedings and administration, and litigation involving fiduciary matters and the interpretation of estate planning documents. She advises clients on matters of regulatory compliance by corporate fiduciaries. She regularly works with nonprofit organizations, particularly higher education and health care institutions, on the administration of endowment funds, gift planning and compliance with gift restrictions, and reformation of charitable trust and gift instruments, and is experienced in the application of Pennsylvanias cy pres doctrine.While in law school, Jennifer was a member of the Woolsack Honor Society and received The Honorable Gwilym A. Price Jr. Memorial Scholarship, awarded for excellence in legal writing and appellate advocacy. She also was Articles Editor of the Penn State Law Review.Prior to attending law school, she was a senior consultant in the recruiting department at Booz Allen Hamilton.RecognitionAs published in Philadelphia magazine, Jennifer was recognized as a Pennsylvania Super Lawyer Rising Star in 2014 and 2015.AffiliationsNational Association of College and University AttorneysBerks County Estate Planning Council, Board MemberBerks County Bar Association, Orphans Court Rules CommitteeBerks County Bar Association Alternative Dispute Resolution CommitteePennsylvania Bar AssociationAmerican Bar AssociationYMCA of Reading and Berks County, former Board MemberCredentialsEducationDickinson School of Law of The Pennsylvania State University, J.D., summa cum laudeThe University of Maryland, B.A., summa cum laude, Phi Beta Kappa Bar AdmissionsPennsylvaniaNew Jersey

Jesse L. Pleet, Esquire received a B.S. in Accounting from The Pennsylvania State University in 1977. He attended Alvernia College, now Alvernia University, in 1978 and 1979 for thirty credits of Criminal Justice. He attended Delaware Law School and obtained his J.D. in 1981. Mr. Pleet was a judicial law clerk for the Court of Common Pleas of Lebanon County from 1981 to 1982. He was admitted to the Bar in 1981 and has been admitted to the U.S. District Court for the Eastern and Middle Districts of Pennsylvania, the U.S. Court of Appeals for the Third Circuit, and the U.S. Supreme Court. He has been a Certified Civil Trial Advocate from the National Board of Trial Advocacy since 1997 and was the first board-certified Civil Trial Advocate in the Berks County Bar Association. Mr. Pleet's original practice, for approximately 15 years, was exclusively insurance defense work. For the next 20 years, the mix was an increasing volume of work for plaintiffs involving complex personal injury, wrongful death, employment claims, and commercial litigation. Since 2014, his practice has been primarily for plaintiffs with occasional defense assignments. Mr. Pleet is familiar with personal injury, workers' compensation, employment law, construction litigation, and institutional debt recoveries. He is a certified instrument pilot and has taught Aviation Law in the Professional Pilot Training Program at Reading Area Community College. He has served on numerous charitable boards and holds several professional memberships. Mr. Pleet has been recognized 12 different years since 2007, including 2023, as a "Pennsylvania Super Lawyer" for general plaintiff personal injury work by Law & Politics, and Philadelphia Magazine. He served on the Berks County Bar Association Board of Directors as Secretary for three years (1993-1995); is a Founding Trustee and Past President of the Berks County Bar Foundation, predecessor of the Law Foundation of Berks County. Mr. Pleet served four years on the Berks County Bar Association Board of Directors (2013-2016), including as its President in 2015. Mr. Pleet has also been appointed each year since 2008 by the sitting President of the Pennsylvania Bar Association to serve on the PBA Committee for Legal Ethics and Professional Responsibility. Mr. Pleet has been a frequent lecturer for Mandatory Continuing Legal Education, including ethics credits regarding the Pennsylvania Rules of Professional Conduct and Code of Civility. Mr. Pleet was honored for his Pro Bono Service in 2021 by the Pennsylvania Law Foundation for his work in the pilot program know as the Reading Eviction Prevention Project in landlord-tenant disputes. He has been a certified mediator/arbitrator for the Berks County Bar Association ADR Program since its inception in 1997.

Gabriela Raful is a Senior Partner at Galfand Berger, LLP. She graduated from Kutztown University and earned her law degree from Widener University. She is admitted in the Commonwealth of Pennsylvania, New Jersey and the Eastern District of Pennsylvania. For over a decade, she has handled serious personal injury and wrongful death cases in state and federal court. She also practices workers compensation. Mrs. Raful has lectured on civil litigation, workers compensation, and diversity equity and inclusion for the Pennsylvania Bar Institute and the Berks County Bar Association. She was court-appointed to committees charged with recommending candidates for appointment as U.S. magistrate judges to the Eastern District of Pennsylvanias federal bench. She also serves the Eastern District of Pennsylvania federal court's community outreach committee where she works on jury diversity and participation initiatives. Mrs. Raful has been named a Rising Star by Super Lawyers and was selected to the National Trial Lawyers Top 100. Mrs. Raful is an approved member of the mediation and arbitration panel of the Berks County Bar Association. She is a member of the Pennsylvania Bar Association and was the 2023 President of the Berks County Bar Association. Mrs. Raful is bilingual and available to mediate with Spanish speaking parties.

Peter F. Schuchman, Jr., EsquirePete is a shareholder and director of Kozloff Stoudt Attorneys, located in Wyomissing. Over the course of more than twenty-five years of practice, he has tried to verdict or award, for both plaintiffs and defendants, a multitude of wrongful death, personal injury and property damage cases primarily in Berks County and its contiguous counties but also in the Susquehanna Valley and the coal region. The early years of Petes career featured a steady stream of insurance defense cases. Today, Pete still defends self-insureds, including utility companies, and a regional supermarket chain. His plaintiffs practice includes subrogated insurers and victims in wrongful death and significant personal injury cases. Pete has also tried to verdict commercial, construction and orphans court cases. He also serves as solicitor to Reading Area Community College.Pete is a member of Berks County Bar Association where he has chaired several committees, served on the Board of Directors and as President of the Young Lawyers Section and has received the Presidents award for service to the association. He is a frequent lecturer at seminars sponsored by the Berks County Bar Association including an annual CLE update on developments in personal injury law. He is also a member of the Pennsylvania Bar Association where he serves on the Unauthorized Practice of Law Committee and has lectured numerous times on Berks County practice and procedure for the Pennsylvania Bar Institute. Pete is a life member of both the Million Dollar and Multi-Million Dollar Advocates Forum. He is admitted to practice before the United States Supreme Court, the United States Court of Appeals for the Third Circuit, the United States District Courts for the Eastern and Middle Districts of Pennsylvania as well as the Pennsylvania Supreme Court.Pete is a graduate of Ithaca College and The Dickinson School of Law, where he served on the editorial staff of the Dickinson Law Review and as President of the Student Bar Association.

Mr. Stock is an experienced trial lawyer who represents and fights for victims of injustice. He has handled catastrophic personal injury, wrongful death, motor vehicle accident, truck accident, products liability, medical malpractice, premises liability, slip-and-fall and employment cases for over 35 years. Mr. Stock has tried cases throughout the state and federal courts of Eastern and Central Pennsylvania. Mr. Stock has successfully represented victims of accidents and has achieved seven figure results in a number of cases. Mr. Stock is adept at helping clients resolve complex issues utilizing efficient, cost-effective solutions.Mr. Stock also has experience with municipal law, real estate law, business law and general civil litigation. Mr. Stock represented numerous clients in a wide variety of administrative agencies. Mr. Stock has lectured for the Pennsylvania Bar Institute and the Berks County Bar Association. Mr. Stock is a member of the Pennsylvania Bar Association, and is a Past President of the Berks County Bar Association.In addition to his professional endeavors, Mr. Stock is an active member of the Berks County community. He has served two terms as Chairman of the Board of Reading Area Community College, has served as President of the board of Directors of Big Brothers/Big Sisters, serves on the Board and is Vice President-Legal of Hawk Mountain Council, Boy Scouts of America, serves on the Board of the Berks History Center, has been President of the Law Foundation of Berks County and is a Past Chairman of the Pennsylvania Accessibility Advisory Board.Mr. Stock earned his law degree, cum laude, in 1985 from Duquesne University School of Law, where he was a member of The Duquesne Law Review. Mr. Stock is a 1982 graduate of Dickinson College. Mr. Stock is licensed to practice throughout Pennsylvania, in the United States District Court for the Eastern and Middle Districts and before the U.S. Court of Appeals for the Third Circuit. Mr. Stock resides in Reading, Pennsylvania.