An Outstanding Reputation For Success

Arbitration and Mediation Services [ADR]

Begley, Carlin & Mandio, LLP is pleased to offer alternative dispute services [ADR] to parties wishing to resolve their dispute outside of a courtroom.

Our primary mediator/arbitrator is The Honorable Robert O. Baldi (Retired Judge). In addition to Judge Baldi, other attorneys who are regularly requested to serve as an arbitrator or mediator are Jeffrey P. Garton, Esquire and Sean M. Gresh, Esquire.

Resolving a dispute with an experienced arbitrator or mediator will eliminate the cost and stress of a formal trial.

Choosing the right person for that role falls on the client’s personal attorney. When choosing a mediator or arbitrator, we suggest you give strong consideration to the following:

REPUTATION FOR BEING AN ARBITRATOR OR MEDIATOR

If you do not know that person, perhaps you know people that know the person being considered. Do your own research as to their reputation and consider the following things while doing that research.

THE ARBITRATOR/MEDIATOR'S EXPERIENCE IN LITIGATING CASES

Does the person being considered have any judicial experience, or experience presiding over binding arbitration cases?
If they do have experience, look for and talk to people who have appeared before them. What are their opinions of the person you are considering? What was their experience when they appeared before them? Did they listen to the advocates? Did they think they were smarter than the advocates? Do the lawyers that appeared before them feel they were given an even playing field?
Has the arbitrator/mediator tried cases to verdict, and thereafter an appeal? How often?
Do they have actual Judicial experience, as well as Trial lawyer experience?
What types of cases have they tried and presided over?

DOES THE MEDIATOR/ARBITRATOR HAVE KNOWLEDGE OF THE LAW AND EXPERIENCE HANDLING THE SUBJECT MATTER OF YOUR DISPUTE?

Does the potential mediator understand the nuances of the law which control your case?
Do he or she have a reasonable understanding of potential jury verdicts, or arbitration verdicts?

DO YOU THINK THE PERSON YOU ARE CONSIDERING WILL BE SOMEONE YOUR CLIENT RESPECTS?

How are you going to describe this person to your client when you recommend retaining him or her to resolve your specific dispute? Do you feel comfortable with this person? If you do, why do you feel comfortable with the person, and what are you going to say to your client?

Judge Robert O. Baldi (Retired)

On January 1, 2025, after serving for 15 years, Judge Baldi retired from the Bucks County Court of Common Pleas where he had been the Administrative Judge of civil litigation for 10 years. While the Administrative Judge of civil he designed and implemented a case management system which disposed of the County’s backlog of over 12,000 cases. He did this with systems he implemented, designed to require the litigating lawyers to communicate with each other, to share information with each other, and by doing so stimulate settlements.

He presided over bench and jury trials involving virtually every type of litigation filed, including personal injury with catastrophic injuries, Medical Malpractice, consumer fraud, RICO claims, defamation, employment disputes, business breakups, etc. In family court he presided over equitable distribution claims. He set aside days to conduct settlement conferences for all types of litigation.

Prior to being a Judge, for 30 years he was an accomplished Trial Lawyer having litigated through verdict many different types of cases, including Medical Malpractice, Serious personal injury claims, Civil Rights, consumer fraud, RICO claims, defamation, employment disputes, business breakups, land use disputes, etc.

Prior to being a Judge, lawyers regularly retained him to act as a Neutral Arbitrator or Chairman of the Arbitration Panel, and as a mediator. Rather than continue on as a Senior Judge, he has chosen to commit himself to assisting attorneys resolve their cases, by acting as a mediator or an arbitrator. Judge Baldi was actively solicited by various lawyers to not accept senior status but rather come back to the practice of law and provide this service. He has in turn, been welcomed by our community of trial lawyers and would be pleased to assist you in resolving your case.

Procedures Implemented by Judge Baldi

Procedures for Mediations

Under Judge Baldi’s suggested procedures for mediations, he sets deadlines for the Plaintiff to present a mediation memo. This is a very important step in the mediation process. It gives the Plaintiff an opportunity to set forth, in a memo form, the strengths of the Plaintiff’s case. It should also anticipate defenses that will be presented by the defense and respond to those defenses in a candid clear fashion. The memo should be written and presented in a timely fashion so that the defense attorneys and their principals will understand why they should be offering Plaintiff money to settle the case. It should be respectful, and not bombastic. The Plaintiff’s attorney should be selling the case to the Defendant or the insurance adjuster that will ultimately be paying money to settle the case.

The defense should then prepare and serve their disclosed mediation memo to Judge Baldi which will telegraph to the Plaintiff’s attorney and the Plaintiff(s) the strength of the defense case. It should not be bombastic or highly critical. The point of all shared memos is to work toward a settlement. The defense should point to the specific factual and/or legal defenses available to the defense if the case is not settled.

Both sides are also offered an opportunity to submit a confidential memo. This process is designed to facilitate a settlement. The Plaintiff should first prepare and present their shared memo in a timely fashion, so that the defense can respond to that memo in a timely fashion. Both sides may then, if they choose present confidential memos as well. Judge Baldi believes that at least one memo should be presented by all parties to the mediator with copies shared with others, so that when the mediation begins there is a structured history and background for the mediator to understand.

Judge Baldi schedules a pre-mediation phone conference. During that phone conference he will ask the parties to decide who is going to offer the first settlement number. Sometimes, the defense has not presented any response to a Plaintiff’s demand “they do not want to bid against themselves because Plaintiff’s demand is too high”. The purpose of the phone call is get past those initial skirmishes and get the parties prepared to actually mediate the case by offering and/or demanding a specific amount of money. Timely submission of memos is important. Judge Baldi would like to review them briefly before the pre-mediation phone conference and then study them in more detail shortly before the mediation.

Procedures for Arbitrations

Since retiring from the Bench, and making himself available for mediations and arbitrations, Judge Baldi has been repeatedly told, by colleagues who have also agreed to act as arbitrators, that they no longer want to be an arbitrator. As one of them said to him “all you do is lose friends and upset attorneys”. That is an unfortunate reality for anyone who agrees to sit as an arbitrator. Before Judge Baldi was elected to the Bucks County Court of Common Pleas, he was frequently requested to sit as a neutral arbitrator for cases that were handled outside of the Courthouse. He never promoted that work, but he felt it was an obligation to the community of lawyers to be available when requested.

It was always an honor to be requested. Some of his Decisions did upset some of his friends, but his real friends understood that when he sat in the role as arbitrator, he was no longer anyone’s “friend”. In that role, he becomes a dispassionate, thoughtful jurist. When he was a young man, he had no interest in becoming a Judge. He only wanted to be an active trial attorney. As years went by, and as he sat as an arbitrator, selected by his colleagues, he began to enjoy the work. He enjoyed the scholarship that came with the work. When he turned 59, he concluded that if he was ever going to be a Judge, it was time to run for office.

He has now retired from the Bench and agrees (with some reluctance) to accept appointments as an arbitrator. Anyone who chooses him as an arbitrator, must understand that when he takes on that role, he will listen carefully to the evidence, he will stringently apply the law, and he will do his best to enter a fair dispassionate decision.

Parties who select him as an arbitrator, and who agree to the terms of his engagement letter, should understand that the law of arbitration is distinctly different from the Pennsylvania Rules of Civil Procedure and the Federal Rules of Civil Procedure. In Pennsylvania, there are several different types of arbitration which have different rules and different consequences once the arbitrator enters an award.

Simply put, merely selecting someone as an arbitrator is only your first step. The parties also need to agree on the rules that will be followed. The arbitrator should understand those rules and follow the rules that are created and agreed to by the parties.

During his thirty (30) plus years as a trial lawyer, before becoming a Court of Common Pleas Judge, Judge Baldi presided over different types of arbitrations, and presented claims to many different arbitration forums. It is not our intent to provide a synopsis of the different forums of arbitration on this website or offer legal advice. Judge Baldi is an experienced arbitrator and wants those who appear before him to do so with full knowledge of the law.

An attorney considering retaining an arbitrator should give serious consideration to the arbitrator’s experience, serving as an arbitrator, and as a litigant and what rules will be followed by the arbitrator that is selected.

Judge Baldi will welcome any discussion with respect to this issue and touches on it in his standard arbitration engagement letter.

Fees and Costs

Judge Baldi’s fee for serving as either a mediator or an arbitrator are very competitive with other arbitrators and mediators, who are similarly qualified. The exact hourly rate will depend on several factors, including but not limited to:

The number of parties participating in the mediation or arbitration.
Whether the mediation will be live or by video. Judge Baldi strongly prefers a live participation by the lawyers in all mediations. He believes the mediation will be more effective and there will be a greater likelihood of success if he has an opportunity to talk to people face to face. He would prefer to meet the Plaintiff(s) face to face and speak with the attorneys face to face. If an adjuster wants to participate with their selected attorney by Zoom or some other form of direct communication, where they will be available at all times, that is also acceptable to Judge Baldi.
There is a different hourly rate for mediations and arbitrations.

Please contact Beth Schecter at eschecter@begleycarlin.com if you would like a quote for your proposed case.

Mediators and Arbitrators

Robert O. Baldi

Jeffrey P. Garton

Sean M. Gresh

Request a Free Consultation

We offer free 30-minute consultations, and anything beyond that is subject to a fee. This is your opportunity to tell us about your case and find out how we can help you move forward. Call 215-750-0110 or send us an email today.

Langhorne Office:
680 Middletown Boulevard, Langhorne PA 19047

New Hope Office:
123 W. Bridge Street, New Hope PA 18938