Mediation and Arbitration attorney in Miami

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When disputes that involve multiple parties arise, one of the first legal alternatives attorneys choose is mediation and arbitration. Mediation and arbitration are proven methods that work. In the state of Florida, mediation is sought before a legal dispute reaches the courtroom. Arbitration has also become very common over the last decade.

In this article, we will discuss the most essential aspects of mediation and arbitration. We will define them; learn about the differences between them, and answer some of the most frequently asked questions. You will know when to consider arbitration, mediation or litigation, and find out how a mediation and arbitration attorney in Miami can help you settle your dispute in no time.

Trial attorneys at Gallardo Law Firm have experience representing clients involved in alternative dispute resolution. With the help of a mediation and arbitration attorney in Miami, you can approach mediation or arbitration with open minds and put your dispute behind you.

Litigation and Dispute Resolution

In a world with so many different people, disputes can transpire often. Disagreements between parties can escalate to a legal battle and create so many worries. Fortunately, litigation and dispute resolution are always available to settle arguments. Alternative dispute resolutions offer two options, mediation and arbitration. These options allow both parties to resolve thorny issues without having to take it to court. But when things go wrong, and they often do, trial lawyers can take over and handle your situation.

What is Arbitration?

Arbitration is another legal route to settle a dispute by neutral parties without needing to take it to court. It helps avoid the expenses and delays linked to litigation. The rules are more straightforward and there is no room for discovery. Arbitrators can be chosen by the parties or in agreement with the contractual terms.

If there is no contract, the parties will select the arbitrators, and the arbitrators will choose a third arbitrator to become part of the panel. The parties that choose the arbitration procedure agree to abide by the arbitrators’ decision, generally given after an informal proceeding, where each party will present evidence and eyewitnesses. Arbitration hearings can take a few hours, and the opinions are not in public records.

What Is Mediation?

The mediation process involves a neutral third party that will assist with dispute resolution. The mediator will not make a decision or decide on the outcome. However, if a reasonable resolution is not available, the parties can pursue a lawsuit. Mediation is used mostly to help both parties work out their differences.

The mediator helps to facilitate discussion and the resolution of the case. He or she will not serve as a judge. In the state of Florida, all lawsuits are required to be mediated before proceeding to court. The reason for this is that it reduces trials and dockets, and it is often cost-effective and a better option than litigation in some specific cases. Also, mediation has high success rates. You don’t have to wait until your dispute ends in a lawsuit.

Difference between Mediation and Arbitration

While both mediation and arbitration seek dispute resolution outside the courtroom, they are entirely different. Mediation includes non-binding negotiation between parties where the mediator serves as a facilitator. Arbitration functions like an informal court and the arbitrator is the judge or the person that decides the outcome. Both parties must respect the arbitrator’s decision. Both alternative approaches seek to resolve the legal matter in an environment of mutual understanding. However, only the arbitration procedure results in a binding outcome.

When to Consider Arbitration, Mediation or Litigation?

Every dispute resolution is different with its characteristics. Depending on your circumstances, your attorney will determine what the best course of action is. When deciding between arbitration and court, for example, you must consider a few things:

  • Ask an arbitration attorney – An experienced attorney can advise you on the best course of action and help you make an informed decision.
  • Determine how long you want the dispute to last – Most people want to resolve their differences quickly.
  • Consider the financial costs.

Mediation is also an effective legal route to dispute resolution. It is fair and neutral. Parties can decide the terms of the settlement and save time and money. It is also very confidential. Both parties will sign a confidentiality agreement and the information disclosed is not available to the public. It helps avoid litigation and the unpredictability of a judicial outcome. Mediation also encourages communication, participation, and cooperation between parties. It is an excellent approach where everybody wins.

Filing a lawsuit may be the best approach in some particular cases. Think about the benefits of filing a lawsuit. Most lawsuits settle since the court system is designed for that reason. But before considering litigation, you must first ensure that you have a good case and set aside your emotions. If you are being sued is usually for economic reasons or communication problems. It has nothing to do with you as a person. Litigation may be a good thing if you have tried all other legal routes and you still can’t come to an agreement with the other party. It is imperative you choose a civil litigation attorney familiar with your circumstances and with excellent negotiation skills.

Consult an Attorney Well-Versed In Mediation and Arbitration Proceedings

The decision whether to enter mediation and arbitration is an important one. There are many factors to consider that only an attorney is equipped to handle. A mediation and arbitration attorney will lead the way and help you determine whether mediation or arbitration is right for you. Commercial and other civil disputes are complex. Often, mediation and arbitration are valuable alternatives to the costs and ambiguity associated with litigation. In many cases, you can achieve the most promising results through mediation and arbitration. A competent attorney, familiar with the mediation process and with the required skills to settle your dispute, can guarantee the prompt resolution of your legal matter.

Mediations are strictly confidential. They are not shared without consent. The mediator should be informed of what matters are confidential before discussing everything with the other party. There are some limited circumstances in which a court may request a mediator to disclose any comments made during the mediation process.
Mediation is available at any stage of a dispute. It can be the first step to seek a dispute resolution after any negotiations between parties have failed.
The parties involved in the mediation process will decide the language or languages used during mediation. Using two languages can be more expensive since it may require interpretation.
At the end of a successful mediation, there is preparation for a settlement agreement. The agreement can’t be enforced when parties don’t fulfill its provisions. Comments made during the mediation process are confidential and can’t be disclosed, but the settlement agreement can be disclosed to the court. Either party can ask the court to enforce the agreement.
Both parties work together to choose an arbitrator. When they can’t agree on what arbitrator is more appropriate, the arbitrator may be chosen through arbitration services.
While the arbitrator can be anyone you believe has the skills necessary for dispute resolution, hiring an attorney to represent you is a wise choice.
Arbitrations are not supposed to follow any specific state arbitration laws or contract between parties. Also, the arbitration decision is appealed only under some particular circumstances. Nevertheless, the arbitrator may be required to make a decision based on the contract terms and state arbitration laws. You must include the arbitration clause and requirements in the contract.
Arbitration results are binding unless the parties had agreed to advisory arbitration. However, the parties can mutually agree to withdraw the case from arbitration services at any time before an agreement is reached. If one of the parties disagrees with the arbitration decision, the decision will stand except a party takes legal action.