Litigation is expensive, not only the amounts you pay to your lawyer, but the time and energy that it costs each litigant and takes away from the litigants’ personal and professional lives. Many people chose “alternative dispute resolution” (ADR) as an alternate path to resolve disputes with others. ADR includes two different types of processes – arbitration or mediation. Both arbitration and mediation cannot be forced upon parties, rather they are processes that parties must agree on by contract. Typically, ADR is included in a contract in lieu of litigation. However, parties always have the opportunity to agree to proceed with ADR rather than proceed before a court. The Davidoff Law Firm attorneys have vast experience representing clients in arbitration and medication proceedings.
Arbitration is an alternate method to litigation in which the parties present their cases to a “private judge” or a “panel of judges” in a private trial to determine who is right and who is wrong. Arbitration is typically less expensive and a more expedited process in which the parties agree to use professionals to rule over disputes rather than through the courts that are public and in which the public has access to almost everything involved in the case. Arbitration is typically private, and there is substantially less (and sometimes no) discovery. Arbitration is typically binding on the parties, however the arbitration process is selected by agreement and therefore there are many options to the process that the parties can chose. Most of the time arbitration is binding, but there are options to have some arbitrations appealed or confirmed by a court of competent jurisdiction. Arbitration can be conducted before one arbitrator, or a panel of arbitration. Arbitration is typically conducted before neutral arbitrators, but there is an option to have a “party-appointed” arbitration in which the parties each select one or more persons to be on a panel, in which the appointed arbitrators will select a neutral arbitrator to be on the panel. The options for arbitration are plentiful and the Davidoff Law Firm guides its clients through the options so as to best position its clients in the most beneficial manner, while always hedging the risk!
Mediation is a non-adversarial process in which the parties attempt to settle their disputes before a neutral person, the mediator. Typically, the mediation process is one in which each party presents its position to the mediator in the form of a brief, which is confidential and not shared with the other side(s). This process is ex-parte, which means the parties talk to the mediator privately and explain the strengths and weakness of their case, and the mediator attempts to bring the parties together to reach a consensus agreement. The attorneys of the Davidoff Law Firm encourage mediation as a settled case is always the best result for a client. A settled case provides certainty and a result that may not be a grand slam, but certainly not a strikeout.