Are you in a situation where a disagreement is causing peace and unrest?
Do you yearn for peace and a resolution to getting your needs met?
Whether you have a personal dispute or a business matter, mediation and arbitration can help resolve your conflict.
Mediation and Arbitration Defined
Mediation is a process whereby two parties volunteer to work with a mediator to resolve a dispute. Both parties agree to a set of ground rules to listen, not interrupt, to keep an open mind, and to create win/win solutions. The mediator agrees to remain neutral and facilitates the process in a private, confidential setting. With the training a mediator receives, they learn how to discharge the negative emotion and help the parties stick to the issues at hand. This allows the process to keep moving forward. He leads both sides to share their ideas, ensure there is understanding of the issues, and to negotiate until there is a resolution. If a resolution is reached, the agreement can be drafted into a legal document which can then be submitted in court. Mediation is not ideal for extreme high conflict situations.
Arbitration on the other hand is when two parties agree to let an independent third party to decide the matter for them. Both parties agree that whatever decision the arbitrator reaches will be legally binding. The process is conducted much like the court process. All parties must agree to abide by the findings of the arbitration.
Can Mediation and Arbitration Be Used Together? Absolutely!
For parties that wish to save money, they may consider using mediation prior to arbitration. Sometimes the mediation alone can resolve the conflict. In other matters, using mediation first can at least narrow the field of disagreement to a shorter list of issues to be decided. This can speed up the process, reduce frustration, and resolve matters more quickly.
Mediation and Arbitration Offer Advantages over Litigation
Taking a matter to court can be an expensive headache for both parties. Hiring a lawyer to represent you can be very expensive. Lawyers are trained to fight fiercely to uphold your rights. When two opposing lawyers are fighting it out it can be uncomfortable, expensive, and frustrating. When a matter is brought to court it is decided upon by a judge. Mediation offers the advantage of allowing the parties to take part in the decision making. Therefore, the resolution is created by the cooperation of both sides which allows BOTH parties to win.
What Situations Can Mediation and Arbitration Resolve?
Corporate Mediation and Arbitration: Examples of corporate arbitration cases include partnership disputes, claims of malpractice, insurance coverage disputes, disputes between shareholders and corporations, breeches in contracts, employer/employee disputes, and disputes in legal agreements.
Family businesses especially present a tough situation where family ties and power struggles may affect decision making for the business. Trying to make the most beneficial decisions to help the business flourish, while preserving family relationships is important.
Married spouses may need mediation and arbitration to resolve disagreements in raising the children and financial matters.
Sibling rivalry among grown brothers and sisters may require mediation and arbitration as well. Whether it’s needing unity in decision making after a parent’s death or conflict in decisions around responsibility and care for a senior parent requiring care,, mediation and arbitration may help..
Schedule a Consultation about Mediation and Arbitration Services Today.
Contact our office at 866-922-4733 to arrange a consultation to find about more about how mediation and arbitration services can help you.