PRACTICE AREAS
MEDIATION
A mediation entails a neutral third party facilitating discussion between the disputing parties and their attorneys (if parties have retained legal counsel), while providing the parties with options to assist them in providing resolution to their dispute.
The mediator first meets with the parties jointly to discuss the facts of the case. Then the parties typically adjourn to separate rooms. The neutral then assists in settlement communications and negotiations, however, the parties retain the final decision-making power.
Any resolution comes from the parties and, therefore, meets their needs and interests. Mediation produces a voluntary, win-win solution. The parties are free to pursue litigation if mediation does not resolve their issues.
ARBITRATION
An arbitration is where a neutral third party conducts a hearing where the parties and their attorneys (if parties have retained legal counsel) present written and oral evidence.
The parties can choose to have the case heard by a single arbitrator or a panel of arbitrators (usually 3 arbitrators).
The rules of evidence are relaxed, thereby allowing the parties more latitude in speaking their minds. This opportunity potentially enhances each party's satisfaction with the process.
Following the hearing, the arbitrator(s) renders a decision which may be accompanied by an explanation, if requested. The opinion enables the parties to understand the reasons for the decision and, therefore, to accept it as a resolution of the dispute. The arbitrator's decision is final and binding on both parties of the dispute.