What We Do | Arbitration/Mediation
Clients sometimes confuse mediation with arbitration. Mediation is a non-binding settlement conference while arbitration provides access to a private "judicial" system where decisions are binding and basically non appealable. The decision to invoke arbitration is typically made well before any dispute exists since the obligation to arbitrate arises out a contractual agreement. Arbitration has some definite advantages, and some definite disadvantages. The proceedings are not public records, the proceedings are usually more "relaxed" in terms of what evidence comes in (a double edged sword), and hearing dates are more firm than trial dates in court. But, you have to pay for things (the arbitrator's time for example) that you don't have to pay for when you go to court and obtaining testimony from uncooperative witnesses can be more difficult. Most importantly, arbitration decisions are, for all intents and purposes final, so you are stuck with the decision of the arbitrator(s). Appeal is really not an option. Our attorneys discuss the "pros and cons" of arbitration as it applies to the particular circumstances of each of our clients, to help them understand its ramifications for them before deciding whether it is in their best interest to agree to arbitrate.. Once an arbitration is commenced, we prepare our clients for an experience that is very different from the court system.
Internal Links:
Litigation
External Links:
American Arbitration Association