Civil and Commercial Litigation

Arbitration is a way to end disputes. Arbitration is a form of alternative dispute resolution, and is used as an alternative to a trial. In arbitration, the parties with a conflict select a neutral third party, called an arbitrator. The arbitrator will hold a hearing, at which both sides can present evidence and testimony. After the hearing, the arbitrator will make a decision. In most cases, the arbitrator’s decision is final, although arbitration can be either binding or non-binding. In non-binding arbitration, either side can reject the arbitrator’s award, and then the case would proceed to a trial. The arbitrator’s decision is typically not allowed to be mentioned at the trial.

In some cases, arbitration is required, primarily when contracts between the parties provide that any dispute will be resolved through arbitration. Arbitrators do not have to follow legal precedents, as judges do. They also don’t have to explain the reasoning behind the decision. Arbitration can be performed by one arbitrator or by a panel of several arbitrators.

Arbitration can offer some big advantages over a courtroom proceeding. First, arbitrations are usually faster than litigation. Court dockets are overflowing in many areas of the country now, and arbitration can usually be scheduled fairly quickly. Arbitration can be cheaper in many cases than a lawsuit. If the dispute is of a highly technical or scientific type, arbitrators with expertise in that area can be chosen. Arbitration proceedings are usually private rather than public, such as a trial. Arbitrations usually cannot be appealed, which can offer advantages and disadvantages to the parties. In addition, arbitration is becoming more popular in international disputes because it is often difficult to enforce a judgment of a foreign court. It can be easier to enforce an arbitration award in another country.

Arbitrators in many areas can award a variety of remedies. They include ordering one party to pay a sum of money, ordering a party to do or not to do something, making a declaration as to a matter determined in the arbitration, ordering performance of a contract, and ordering a contract to be set aside.

Some types of cases can not be arbitrated. Most matters that involve family law, immigration law or criminal law cannot be arbitrated, because the parties cannot enter into an agreement on those matters without restriction. Also, in some cases parties cannot arbitrate because there are rules prohibiting it – usually when a weaker member of the public is involved.

If you feel arbitration may be an avenue worth considering for your legal dispute, contact our knowledgeable law firm today.

Mediation, which is one alternative to lawsuits, is becoming a more popular way to resolve disputes. Mediation is an informal way for people to resolve disputes using a third party, called a mediator. The mediator is neutral and has been trained to help people discuss their differences. Mediators are not like judges and do not decide which party “wins”. The mediator instead helps the parties come to a solution on their own using communication between the parties and helping them focus on the real issues. The mediator can also think of options to resolve the conflict that would meet the needs of all parties.

Mediation is becoming more popular in part because it is less adversarial. People who are in a conflict can meet in a friendly way to discuss the issues. If parties will have to deal with each other again in the future, such as parents of children who are divorcing, mediation could help improve the relationship. Mediation can also help the parties learn how to deal with conflict in the future.

Another benefit of mediation is that it can be extremely quick when compared to a lawsuit. Lawsuits take at a minimum many months or years, and mediation takes less than three months on average. The court system is beginning to learn the benefits of mediation and many courts send thousands of cases to mediation each year rather than clog the dockets with cases that could be resolved with a mediator. Also, in many cases contracts between the parties in the case require that any dispute be mediated or arbitrated. This is common in construction disputes, medical malpractice cases and real estate purchase agreements.

Mediation is used in a variety disputes, from simple civil lawsuits and divorces to very complex cases. The mediator may have a background in the types of issues and disputes involved, although not necessarily. Mediators come from varied walks of live, and so their practical experience with a certain issue can be invaluable. An effective mediator is neutral in evaluation and resolving a case.

In order to begin mediation, an individual resolved in a dispute could propose mediation to the other side. Or, the mediator could call the other side with an invitation. Mediators can be found by referrals from courts or a bar association, as well as mediation companies. It is helpful to find a mediator with knowledge of the area of law of your dispute.

Mediation can often be very successful so long as the parties are willing to participate to reach a settlement. If a settlement isn’t reached, anything learned during the mediation is generally confidential under state law. However, often settlements are reached because parties are able to hear from the other side and learn more information than they would otherwise know in a lawsuit. Also, parties become invested in mediation and want to avoid spending large sums of money and more time on a trial.

Contact our law firm today to see if mediation would be a valuable tool to resolve your conflict.