Mediation Arbitration
Mediation is a method used to allow all parties to have ownership of the process of settling disputes, by crafting agreements that they can both live with. Arbitration has recently become a popular form of dispute resolution. In this process the parties must volunteer to have their disputes resolved outside of the court system. Unlike mediation, the parties are no longer attempting to reach a settlement; they are presenting their issues in dispute to a trained professional for ruling. There are benefits to Mediation Arbitration, which include speed and expense.
Successful mediation and arbitration takes a lawyer who is able to listen and understand the facts while having a sense of fairness in coming to a resolution.
People often think that if they mediate or arbitrate a dispute that the matter is a simple showing up and stating your case. That is far from the truth. Whenever you are involved in a mediation or arbitration, the stakes are often higher than when you go to court since so much can be decided so quickly. It is important that if you are able to mediate or arbitrate your dispute, that you be as organized as to the facts and the law as possible so that the arbitrator or mediator will have a clear and simple understanding of your side of the matter. From power point presentations to excel spreadsheets and tab brochures, we will assist you in preparing for any mediation or arbitration that you find yourself involved in.
Arbitration is usually required by a contract between parties who decide when they make the contract that it will be a cheaper and more effective way to deal with any problems between the parties.
And because it is such an efficient and relatively low cost solution, the courts are strongly in favor of enforcing arbitration clauses.
Mediation on the other hand, is often requested by one of the parties to a dispute or often the court itself will call for a mediation of a dispute between the parties if it appears that the dispute is more semantic than factual (if it appears that the parties are not so far apart in their positions that they can't resolve them satisfactory for each party). However, as with any hearing, the more clarity you have, the better understood you will be and it is a better chance for a favorable outcome. My firm is able to provide the clarity and presentation skills needed to put forward a professional and effective case.
To set up a free consultation concerning mediation / arbitration matters, contact us online or call us at (201) 656-1000.
