Carmen Gallardo
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.
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.
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.
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.
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.
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:
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.
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.
