Marc Sinensky is an approved Financial Industry Regulatory Authority (FINRA) mediator and as such he is a member of a roster of experienced, skilled mediators who serve as FINRA mediators. In order to become an approved FINRA mediator an individual must: (i) have demonstrated to FINRA that they posses the requisite skill set to mediate FINRA disputes, (ii) have received the recommendations of independent individuals that have participated in mediations handled by such person, and (iii) passed a background check conducted by FINRA.
FINRA is dedicated to offering mediation options that are flexible and provide a level playing field that is affordable and efficient for all involved. Disputing parties control all aspects of the mediation, including the outcome.
All FINRA mediators have the relevant skills and subject matter knowledge needed to mediate securities disputes. FINRA staff monitor the quality of mediators and their experience.
Mediation is one of the best alternatives to arbitration (Marc Sinensky is also an approved FINRA arbitrator). In contrast to arbitration in which the arbitrator(s) hear the dispute and render a binding decision, mediation offers a cost-effective, less adversarial path to resolution.
It is an informal, voluntary process that utilizes the skills of a mediator to oversee negotiations between disputing parties. A mediator’s role is to help the parties find a mutually acceptable solution to a dispute, but he or she has no say over the outcome and does not offer a ruling. Because the process is entirely voluntary, those involved can step away at any time if they feel a resolution will not be possible.
One of the primary benefits of mediation is the control disputing parties have over the process and outcome. In mediation, disputing parties remain in control of:
- Choice of mediator
- Time and place of mediation
- Details of the resolution
Mediation is flexible, more cost effective and quicker then arbitration or litigation. It is a dispute resolution technique that the disputing parties can try and if it proves unsuccessful, all of the options that existed before mediation are still available. Nobody gives up any right to arbitrate or litigate if they cannot reach a satisfactory settlement via mediation.
To opt for FINRA mediation, one or both parties are required to file a Request for Mediation. Following the receipt of that request, FINRA will contact everyone involved, evaluate his or her interest in pursuing mediation, and explain the mediation process. Should all parties agree to mediate, a mediator will be chosen and the process will commence. FINRA staff are there to support all parties involved from beginning to end of the process.