Studies by the American Arbitration Association show that 85% of mediations result in a settlement. This is a good success rate. However, when parties cannot agree through the mediation process, they typically proceed to litigation.
Arbitration and mediation are similar in intent. Both allow for a more informal alternative to a dispute than the traditional legal litigation process. They are also more cost effective because they reduce legal expenses.
Arbitration and mediation are both used in today's business world when a dispute arises within a contract. Mediation and arbitration processes are alternatives to litigation. We specialize in both.
Legal conflicts for any business, regardless of size, can be a challenge. The difference between a mediator and an arbitrator is that a mediator, who is a neutral party, works out an agreement with both parties while an arbitrator makes a binding decision.
Arbitration typically takes place in a conference room or a board room. Arbitration does not take place in a court room. Typically, arbitration can take place anywhere the parties decide upon.
Mediation is generally conducted with a single mediator who does not judge the case. However, the mediator does help to facilitate a resolution through discussion rather than through a costly court case.
When a party faces a breach of contract, an employee dispute, an insurance or bad-faith claim, or, even worse, a wrongful death situation, they should contact an experienced arbitration specialist for help. Arbitration is an affordable legal remedy.
Mediation is the best way to resolve divorce matters, but often litigation is unavoidable. Hire the right attorney the first time to guide you through the process.
Mediation, as a rule, carries a less hostile format for resolving disputes where parties can attempt to resolve their differences between themselves rather than relying on the time-consuming and expensive judicial system.
The difference between mediation and arbitration is that with mediation there may not be a formal dispute filed. However, with arbitration there is typically a formal complaint involved.
Typically, arbitration and mediation processes will specify that each party pays the cost of their representative (lawyer or non-lawyer) with the parties splitting the cost of the mediator's or arbitrator’s fees and expenses.
When two people who are divorcing agree on arbitration, they agree to allow a third-party arbitrator to come in to help them negotiate. The parties also agree to allow the arbitrator to render a binding decision regarding the situation.
Mediation is used for many kinds of disputes. People do not have to wait until a dispute results in a lawsuit and is then sent to mediation by the judge. Pre-lawsuit mediation is embraced by the courts and is considered a more sensible way to resolve disputes.
Mediation provides a divorcing couple with an alternative to an adversarial divorce. Through the process of mediation, parents can work together to create a parenting plan that honors each person’s unique style in bringing up their children.
A huge saving for businesses and employers is that most arbitration clauses include provisions that deny a person the right to pursue a class action lawsuit. Because of this, mediation and arbitration are becoming more and more popular.
Mediation has excellent success rates because the parties are brought together in an environment where they can freely and confidentially present their position in front of a neutral third party.
Mediation tends to create a win-win situation for all and is not as expensive as hiring a lawyer to defend your interests. An ongoing court battle can cost thousands to both parties. Mediation can provide solutions everyone can live with.
A contested divorce has conflict, and even though parents do not do it intentionally, children are often caught in the middle. Mediation is recommended because it focuses on what is best for the child and provides solutions rather than more problems.
Child custody mediation is a collaborative process with a common goal in mind: to do what is best for the children. If you are seeking a divorce, mediation can be beneficial in amicably resolving child custody issues.
Both businesses and employers have arbitration clauses that include conditions that deny a person the right to pursue a class action lawsuit. Because of this, mediation and arbitration are becoming more and more popular for the resolve.
The best advice we can give people about a do-it-yourself divorce, is DON'T do-it-yourself! While people do this to save money, often there are mistakes made that are irreversible. Talk to us about mediation, as it is a sound process for resolving divorce matters.
Arbitrators are hired to evaluate a dispute and to make a determination to end the dispute. The difference between mediation and arbitration is that when an arbitrator makes a determination regarding the case it is binding, whether it is agreed upon or not.
Both mediation and arbitration are methods used outside of the court system to solve conflicts. Both are valuable options that can help people solve legal matters.
The purpose of a professional mediator is to work out a plan for the future. Instead of spending a lot of time rehashing the past, the mediator will help people to discover new ways to work together in the present.
