Which is better: Resolve a conflict out of court or resort to litigation?
Our attorneys who specialize in Arbitration and Mediation – also known as Alternative Dispute Resolution (ADR) – can advise you on the right course and work with you through the process. We have participated in numerous mediations and arbitrations for our clients. Several of us are trained mediators who are called on frequently to resolve difficult cases. We also tap into our in-house expertise when drafting new agreements. We strategize carefully about whether or not to build an ADR requirement into a contract. Alternatively, we may advise you to leave out such a term for logistical or cost reasons.
SOME OF THE WAYS WE CAN HELP YOU
Can you help me with an issue involving a contract that requires mediation?
Yes. To meet the mediation requirement, you need to engage a neutral third party, or facilitator, to oversee communications between the parties involved. Several of us are seasoned mediators. By definition, your mediation will be handled outside of the court system and final decisions are not binding until all parties consent. Our attorneys have a track record of effective results through the mediation process.
Is arbitration less expensive than getting involved in a court case?
It depends on the circumstances. Some entities, such as the American Arbitration Association (“AAA”), often charge thousands of dollars just to initiate arbitration; you also are required to pay the arbitrator/judge an hourly fee. The filing fees to initiate a lawsuit are typically less than $200. You’ll want an attorney to represent you in either of these scenarios. Your options may be defined by terms written into your agreement. If not, we’ll look at your situation and recommend the best course of action.
Should I go for Mediation or Arbitration?
Though the words seem to have similar meaning, they are quite different in the legal sense. In mediation, a neutral third party facilitates communication between the parties to the dispute, but does not have the power to impose a decision. In arbitration, a private judge or panel of judges hears testimony, and then renders a decision that is typically binding. Based on our long experience, we will suggest the approach that we think is most likely to work in your favor.
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