Mediation and Arbitration

To settle disputes without litigation, a procedure known as Alternative Dispute Resolution (ADR) can be used. ADR employs methods such as such as mediation, negotiation, or arbitration to settle disputes. ADR procedures are typically less expensive and lead to a faster resolution.

Nowadays they are increasingly being used to settle disputes that would have otherwise warranted litigation. ADR is utilized to settle various types of disputes including divorce actions, labor disputes, and personal injury claims.  

A key reason for parties preferring ADR proceedings is that such procedures are usually collaborative and enable the parties to comprehend each other’s stance, unlike adversarial litigation. Furthermore, ADR facilitates the parties to propose creative solutions which may not be in the legal purview of a court of law.

SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, San Diego, New Jersey, New York, and surrounding communities.

Key Terms to Understand

• Arbitration: This process is akin to an informal trial. In arbitration, an impartial third party assesses both sides of an issue and makes a decision. The decision may be binding or non-binding, according to the agreement between the parties.
• Binding and non-binding: A binding decision refers to a ruling that the parties must comply with regardless of whether they are in agreement with it or not. A non-binding decision refers to a ruling that the parties may or may not accept.
• Arbitrator: An arbitrator is an impartial third-person who has been given the authority to offer dispute resolution by hearing both sides of the dispute and arriving at a decision.
• Hearing: A hearing is a proceeding where the evidence and arguments are outlined in front of a decision maker who issues a ruling.

• Mediation: This is a collaborative procedure involving a mediator who engages with the parties to arrive at a solution that is mutually agreeable. Mediation is typically non-binding.

 

Other Factors to Consider When Selecting an ADR Lawyer

While ADR proceedings intend to decrease expenses and stress as well as the formality associated with court procedures, several parties still seek the services of attorneys to represent them in the ADR process. On top of this, these parties require pre-proceeding consultations regarding potential solutions or strategies.

Similar to any legal proceeding, you should engage an experienced attorney who has in-depth knowledge and expertise in your specific legal issue as well as familiarity with the collaborative ADR process.

In addition, mediators and arbitrators are typically lawyers themselves. Instead of hiring an attorney to represent each of the parties in ADR proceedings, certain parties arrive at an agreement to employ a single attorney to be an impartial third party and guide the resolution while ensuring that all the solutions proposed are in the realm of legality.

If you are embroiled in a legal matter that you would like to seek ADR proceedings for, you should reach out to an ADR lawyer promptly to explore your legal alternatives. SBEMP law firm serves clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, San Diego, New Jersey, New York, and other neighborhoods and communities in these regions of America for a range of legal practice areas.

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here. 

SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage), CA; Costa Mesa (Orange County), CA; San Diego, CA; Princeston, NJ; and New York, NY.

DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.