Clients are increasingly interested in exploring the use of alternative methods to resolve both individual and business disputes. The high cost of litigation and the long backlog in the courts make arbitration and mediation attractive options.
1
Why Mediation and Arbitration?
Clients are increasingly interested in exploring the use of alternative methods to resolve both individual and business disputes. The high cost of litigation and the long backlog in the courts make arbitration and mediation attractive options.
Either proceeding may be initiated upon agreement of both parties and/or their attorneys. Parties select an arbitrator or mediator from a panel of retired judges and experienced attorneys. They agree upon the date, time and place for a hearing based on their schedules and needs.
The advantages of arbitration and mediation are clear:
- The parties select who will preside over the case.
- The processes are relatively informal.
- There is no jury.
- Sessions are private and confidential.
- Dispute resolution is reached quickly, perhaps in a matter of hours.
- The costs are reduced due to the shortened process.
- There is no right of appeal.
2
The Procedures
Mediation is a non-adversarial process where the parties resolve identified issues of conflict with the assistance of a neutral third party. The mediator may offer suggestions, but resolution depends upon the consent of both parties. If mediation is unsuccessful, arbitration is available.
Arbitration is an orderly, informal hearing governed by rules of procedure and standards of conduct prescribed by law. It is similar to a non-jury trial. The arbitrator's decision is binding; parties waive their right to an appeal. The process is private and informal, designed for quick, practical and inexpensive dispute resolution.
Mediation/Arbitration combination joins the mediation process of voluntary techniques of persuasion and discussion and the arbitrator's authority to issue a final and binding decision.
DISPUTES SUITABLE FOR ARBITRATION OR MEDIATION:
- Separation and divorce
- Professional malpractice
- Creditor/debtor controversies
- Breach of contract
And more
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