A good lawyer always wants what’s best for the client and, in many cases, that involves alternative dispute resolution processes that keep client fees more manageable and prevents clients from having to step foot in a courtroom. Mediation and arbitration have helped thousands of couples to navigate their divorce agreements as peacefully as possible, keeps families from going to court over child custody issues or entering the agonizing probate process, and they have helped corporate clients resolve any number of disputes.
Work With an Arbitration Lawyer for Win-Win Resolutions
Most people automatically envision “going to the courthouse” when they think about legal disputes. In fact, the courtroom should always be the last alternative. By the time you get to court, you have spent quite a bit of time, energy and money – and more will continue to be spent as long as the case is being worked out in front of a judge. Instead, we recommend alternative dispute resolution (ADR) as a means of saving your money, time and precious life energy. In best case scenarios, ADR will also help to preserve your personal and professional relationships, which is a win-win situation for all.
What is Mediation?
A lawyer specializing in mediation can help you to resolve a multitude of disputes ranging from personal injury claims, conflicts with employees and management, small claims issues to disputes between neighbors or divorce and child custody agreements. Both parties must be in agreement regarding the mediator who oversees the process. The mediator remains an entirely neutral facilitator; he is not there to agree or disagree with either party, assess blame, or in any way affect the final outcome of the mediation process other than to act as a resource in regards to California law. However, it is the mediator’s job to facilitate concessions from either side when things are at a stand-still in order to avoid further conflict, dispute or a potential trial.
In our experience, the vast majority of clients who use mediation as a means of settling their claims are successful in resolving their dispute(s). If, for some reason, both parties are unable to come to a resolution, then you have the right to proceed with a trial and we can help you to prepare for the next step.
What is Arbitration?
Typically, the arbitration process is more formal than mediation. In most cases, arbitration occurs as the result of a pre-dispute contract that stipulates both parties must seek arbitration before any conflict or dispute can be taken to court. There are two different forms of arbitration: Binding and Non-Binding.
Binding arbitration means that the arbitrator’s decision is final and cannot be overturned or reversed except for extremely limited circumstances. If the arbitration is non-binding, either party can reject the arbitrator’s decision and pursue a trial.