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.