Arbitration & Mediation
Arbitration, Mediation, and Litigation
People use alternative dispute resolution (ADR) methods such as mediation or arbitration because the process can be cost effective and more efficient than traditional litigation. It also allows for greater creativity and problem solving, and most often keeps disputes private and confidential.
You can find yourself or your company involved in ADR by contract, court order or agreement of the parties. Having experienced counsel represent you in ADR is extremely important.
Arbitration is an agreement between two or more parties to try to resolve a dispute outside of the court system. The parties agree upon a third party as an arbitrator who will act as a judge and jury. After giving the parties the opportunity to present their side of the story and any relevant documents or other evidence, the arbitrator will decide who wins and who loses.
Arbitration can be binding or non-binding
A “binding” arbitration generally means that the winning party can take an arbitration award to a court of law and enforce it if the losing party does not comply with the terms of the decision.
A “non-binding” arbitration refers to a situation where the parties agree to use arbitration as a forum to try to resolve their differences, but neither party is bound to comply with the Arbitrator’s decision.
Mediation is a legal mechanism to try to resolve or settle a dispute outside of the court system.
Unlike arbitration, there is no legal or binding effect of mediation unless the parties agree after the mediation. Mediation occurs in a private setting, usually at an office where the parties meet with the mediator who attempts to settle or resolve some or all of the issues in a case. The mediator’s goal is not to make a binding determination as to who may be right or wrong. The mediator brings the parties together in an attempt to settle a legal dispute. The mediator attempts to point out the pros and cons or the strengths and weaknesses of the parties’ positions and may make recommendations that move the parties toward resolving the issues in dispute.
We bring extensive experience and the wealth of complementary disciplines that fosters favorable resolutions for our clients. Our attorneys have participated in mediation and arbitration both in the capacity of legal counsel representing a party involved in a dispute as well as sitting as mediators or arbitrators in a case.