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Mediation and Arbitration

Litigation is expensive, time consuming, and can be difficult emotionally. Mediation and arbitration are tools that sometimes can help parties to a lawsuit find a quicker and more efficient resolution to their dispute as opposed to trial. Mediation and arbitration are considered forms of “alternative dispute resolution” or “appropriate dispute resolution” (“ADR”).

In a mediation, the parties to a dispute agree to let a private neutral try to work a settlement of a lawsuit. While there is no one, set way to conduct a mediation, generally the parties to a lawsuit brief the mediator, and at the mediation the mediator meets separately with both parties and tries to negotiate a settlement. Mediators are usually retired judges or seasoned lawyers who know the law and have experience resolving lots of cases. The mediator’s role is not to impose a settlement on the litigants. Instead, the mediator tries to get the litigants and their attorneys to reach a settlement on their own.

Arbitration is a private trial. In an arbitration, both parties to a lawsuit present their case to an arbitrator, who acts as a judge. The arbitrator considers the evidence and makes a ruling based on the evidence. Arbitrations can be non-binding or binding. Like mediators, arbitrators are often retired judges or seasoned attorneys.

There are lots of rules regarding mediations and arbitrations. Make sure that you are represented by experienced counsel before engaging in any form of ADR.

The attorneys at the Law Offices of Wayne A. McFadden have considerable experience representing clients in both mediations and arbitrations. While we offer full trial services as needed, if your case is a candidate for mediation or arbitration, we will fully inform you of the benefits and disadvantages of ADR so that you can make an informed decision. Should you and the other side elect to proceed with either a mediation or arbitration, we will be with you every step of the way to ensure that you get the best outcome possible.