Alternative Dispute Resolution: Mediation and Arbitration

finding solutions that provide you with what you need to move forward

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Mediation: is a useful tool to provide perspective. A mediator is a trained, neutral, and trusted third-party whose objective is to facilitate a healthy and productive conversation between the parties and assist them to resolve outstanding legal issues through effective communication. In mediation, the parties work with the mediator without their attorneys being present. Mediation is not binding but can be effective at reaching terms on some or all issues. A mediator is trained in alternative dispute resolution and can provide thoughtful clarity in high conflict situations.

Arbitration: is an alternative option from litigation particularly for clients who have large estates or businesses and want their dispute to remain private and entirely confidential. An arbitrator is an independent third party who is an expert in the field. Unlike mediation, there is no negotiating between the parties. Both parties and their lawyers appear in front of an arbitrator outside of a courtroom and similar to litigation, evidence is presented and witnesses may be called. The arbitration process is generally faster than a court trial and the decision is binding upon the parties. If you are seeking a solution to litigation outside of the courtroom and still want the presence of counsel advocating for your interests, then consider Smart Law for your legal counsel to guide you through that process.