Mediation and Arbitration Services
Historically, most legal disputes were resolved through lawsuits filed with the courts. In the last decade or two, our courts have been overrun with cases. Mediation and arbitration have developed as alternative methods of resolving disputes.
Mediation is a process which involves the use of a neutral third party to help parties to a dispute reach an agreement to settle the dispute. The mediator will facilitate communication between the parties and help them reach solutions, and may suggest options for resolution. We may suggest that a client participate in mediation as a method of resolving a dispute. In other cases, where a lawsuit is pending with a court, the court frequently requires the parties to engage in mediation.
Arbitration also involves the use of a neutral third party to settle a dispute. However, in an arbitration, the parties will present their respective sides of the dispute to the arbitrator, and he will act as a kind of private judge to determine how the dispute should be resolved. The arbitrator’s decision will be binding on the parties. Parties typically engage in arbitration because they have entered into an agreement that requires the use of binding arbitration to resolve disputes.
When a firm client engages in mediation or arbitration, the attorney for the client will represent the client in the mediation session or arbitration proceedings, just as the attorney would represent the client in a court proceeding.