At May, Potenza, Baran & Gillespie, we encourage consideration of Alternative Dispute Resolution (ADR). ADR is the umbrella term to describe arbitration and mediation. Arbitration and mediation involve the use of a neutral third party to facilitate the process of resolving a dispute between opposing parties.
In simple terms, arbitration is typically a binding dispute resolution process conducted by a neutral arbitrator. The decision to arbitrate is made by the parties to a dispute, either through a contractual arbitration provision, or by agreement once a dispute arises. The role of an arbitrator is much like that of a judge. The arbitrator makes decisions based on the law and the facts presented by the parties in a motion or at a hearing. An arbitrator’s decision is generally binding and non-appealable.
Mediation, on the other hand, involves a mediator who facilitates negotiations between the opposing parties. The mediator does not render a judgment or decision. Instead, he or she attempts to guide the parties toward a negotiated settlement. Mediation has become an integral part of the civil litigation process. Most Courts require the parties to engage in a good faith mediation proceeding as a pre-condition to scheduling and conducting a trial.
At May, Potenza, Baran & Gillespie, we encourage ADR when appropriate to resolve conflicts outside of court. Both arbitration and mediation are common-sense alternatives that can save you time and money. Our extensive experience in arbitration and mediation allows us to advance our clients’ interests, negotiate from a position of strength, and successfully resolve disputes involving any number of situations.
For more information about Alternative Dispute Resolution, contact us at May, Potenza, Baran & Gillespie. Based on the nature of your particular case, we can walk you through your options and help you determine if either arbitration or mediation is right for you.
When you enlist the services of MPBG, you get an experienced, diverse team of advocates in your corner who work collaboratively, move quickly, and think differently.