Mediation & Arbitration Services
ALTERNATIVE DISPUTE RESOLUTION (ADR) refers to using processes other than the courtroom to settle disputes. MEDIATION and ARBITRATION are two of the most frequently used ADR processes. General information regarding these processes is available below. Please call for more information and to discuss how ADR might assist in your specific situation. Remember, when you've got a difficult situation you want someone with a calm demeanor and lots of experience to assist you.	Coming together around the table is often a much better process for handling disputes.
MEDIATION: In mediation a neutral assists the parties in negotiating a settlement. The parties choose whether or not to enter into a binding settlement. The mediator assists by listening for common interests, helping the parties to explore creative solutions, and by helping the parties understand strengths and weaknesses in their cases and the potential advantages and disadvantages to litigation. Cases successfully mediated can save the parties tens of thousands of dollars in legal fees, the anxiety of prolonged litigation, and provide the parties the ability to shape their own agreement. The mediation process makes it more likely that parties in a dispute will be able to maintain an amicable relationship following settlement. This is particularly important in many domestic situations where the parties will still need to function together as co-parents even after a divorce has been completed. Many couples, in anticipation of divorce, will attempt to mediate prior to initiating litigation which can quickly become expensive and adversarial. Mediation may be useful in virtually any dispute. Some of the most common cases utilizing mediation are divorce, child support and child custody, personal injury, commercial disputes, construction disputes, and probate and estate issues.
ARBITRATION: In arbitration, the dispute is submitted to an arbitrator (or panel of arbitrators) for a final binding decision. The arbitrator acts as a judge and the proceeding is similar to a court proceeding, except somewhat less formal. Since the rules for arbitration allow for a more streamlined presentation of the evidence and testimony, hearings take less time than a typical trial. Arbitrations also come to finality much more quickly than going through the court system. Furthermore, arbitrations are private matters whereas court records are available to the public. Together this means that arbitration tends to be quicker, less expensive, and more private than litigation. The potential grounds for appealing an arbitration award are fairly limited. Thus, arbitration carries the additional benefit of being more “final” than court rulings which can be tied up in appeals for years. Arbitration may be a preferred process when it is clear that the parties will not agree and need a "day in court." Typically, the parties must agree to enter into arbitration and be bound by the decision. In other instances, a contract already stipulates that any disputes must go through arbitration rather than court. In these cases, the parties may agree to use a specific arbitrator rather than the more expensive national arbitration company referenced in the contract. MEDIATION & ARBITRATION FEES are hourly. A minimum fee may apply depending upon the situation.