Mediation and Arbitration are designed as processes for parties to find clarity and resolve legal disputes.

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:

• Does not make decisions or provide advice to either party
• Does not tell you what to do or provide therapy, counseling or legal advice
• Helps the parties overcome communication barriers to explore possible solutions 
• Gives one party and their attorney (if present) an opportunity to discuss the dispute with the other party and their attorney (if present) together or privately 
• Keeps the discussion on track without giving an opinion or stating if either party is right or wrong, especially when emotions run high and discussion reaches a standstill
• Helps the parties to recognize that Mediation is a cost-effective and efficient way to resolve a dispute because, if a decision is not reached, both parties may gamble on a judge or jury’s decision
• Guides the parties toward clarity and an acceptable, amicable and flexible solution followed by the signing of an Agreement

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:

• Is highly skilled, fair and impartial with a laser-focus on being the decision-maker who resolves the dispute in order to avoid going to court, or proceeding further with a claim/case
• May limit testimony to the parties only with witness evidence presented in the form of affidavits, discovery limited to produced documents or deposition
• Advises the parties they may create their own procedure or agree to use the rules of the American Arbitration Association or other applicable rules
• Is appointed to render a decision, whether binding or non-binding

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.