Mediation and Arbitration

Mediation is a form of settlement negotiation facilitated by a neutral third party.  It is a non-adversarial approach to conflict resolution. The role of the mediator is to facilitate communication between the parties, assist them in focusing on the real issues of the dispute, and generate options that meet the interests or needs of all relevant parties in an effort to resolve the conflict.

Arbitration is a legal technique used to resolve disputes outside the courts.  The decision made through arbitration is binding.  Arbitration is a form of binding dispute resolution, equivalent to litigation in the courts, and entirely distinct from the various forms of non-binding dispute resolution, such as negotiation, mediation, or non-binding determinations by experts.

Effective counseling affords clients the opportunity to make more informed decisions on whether to litigate or settle disputes.  In the case of litigation, this includes how to properly prepare the case for trial, or whether to settle during the course of the proceedings in a manner most favorable to the client.  Where appropriate, we will pursue available alternate dispute resolution sources, including alternatives such as the American Arbitration Association, J.A.M.S. and private arbitration and/or mediation.