Parties who cannot agree on resolving a dispute may depend on Mediation or Arbitration to avoid prolonged and costly litigation. Success often depends on the experience, skill and knowledge of the Mediator/Arbitrator, who facilitates the process of settlement or resolution of the dispute.
MEDIATION– A certified Mediator can often facilitate a meaningful negotiation process to resolve a dispute between and among parties. During a typical, private and confidential Mediation process, the independent third-party Mediator:
If the parties reach a settlement and sign a Mediation Agreement, it is enforceable. If an Agreement is not reached on some or all issues, an impasse is declared. Unlike a lawsuit, the parties have greater flexibility and control during this process. What is said in Mediation is confidential, with a few exceptions (court-ordered). Insurance companies, state and local agencies, corporations and individuals, including health and business professionals, attorneys and property managers may want to use Mediation in lieu of a lawsuit. If a decision is not reached in court-ordered Mediation, the parties go back to court and a judge or jury makes the decision for them. Pre-suit Mediation occurs without an order of the court and before suit is filed. It is extremely economical, compared to the fees and expenses of litigation.
ARBITRATION – Arbitration may be voluntary or court-ordered – it is an informal hearing resulting in a decision, that may be binding or non-binding
Arbitration is an informal hearing process agreed to by the parties that utilize a neutral third party.
The Neutral Arbitrator:
Arbitration is often faster and less expensive than going to court. An Arbitration Agreement is valid and enforceable. If not contractual or if a contract does not require Arbitration, the parties may voluntarily agree to Arbitrate, a process known as voluntary binding Arbitration. Courts sometimes order non-binding Arbitration where Mediation has failed. We offer both binding and non-binding Arbitration, pre-suit as well as in pending litigation.