I am available to clients and to attorneys for mediation or arbitration of disputes. The vast majority of all cases are settled without the need to go to court and going to court is usually so expensive and time consuming that few cases really should go to court. It is always wise and economical to explore an alternative way to settle any dispute.
The typical mediation or arbitration can be completed in less than a day at hourly rates and save thousands off the costs and months off the time frame of the typical litigation in court. Consider always requiring a standard mediation-arbitration clause in any contract you sign.
Frequently asked questions:
1. Who pays the costs of mediation or arbitration?
Typically the parties will split the cost of mediation. Most arbitration clauses include provisions where the loser pays the costs and attorney fees of the winner.
2. How does mediation work?
Mediation is a process where the parties negotiate toward a resolution facilitated by the mediator. The parties will often be in separate rooms to encourage candor with the mediator, whose job is to educate them and to move them toward a mutually acceptable result. The parties often do not have attorneys and the mediator is neutral thus can tell them both what the likely dispute outcome will be if they go to court. The process is typically inexpensive and abbreviated over either arbitration or litigation. A very high percentage of mediated cases are resolved and result in substantial savings of time and money for both parties.
3. How does arbitration work?
Arbitration is a more informal way of presenting the case and allowing an expert to make a decision without the time and expense of going to court. Typically the decision is binding and can be taken to the court for enforcement if one party fails to honor the decision. The evidence rules are usually agreed to be less stringent, reducing costs and time in presenting evidence. Arbitration is commonly accomplished in about 1/3 the time used to present the same case in court and at an even smaller fraction of the cost and attorney fees to present the same case in court.