Types of Dispute Resolution
Mediation
Mediation is a voluntary and non-binding negotiation process by which an impartial neutral “mediator” assists in resolving a dispute between two or more parties. The role of the mediator is to facilitate communication between the parties, narrow issues, focus the parties on the real issues of the dispute, explore common needs. The mediator will assist the parties in creating options and solutions that will meet the interests and needs of the parties in an effort to resolve the conflict in a satisfactory manner.
Arbitration
Binding arbitration is a procedure by which the parties agree to submit their disputes to a neutral third party, “arbitrator” will consider the arguments and evidence from the parties and render a final and binding decision in connection with the dispute.
The parties may mutually agree upon the rules and the procedures to govern the arbitration. In that regard, the arbitrator will honor the terms and conditions of any such written agreement or contractual arbitration provision that the parties have entered into. The arbitration proceedings are generally conducted with a minimum of discovery to provide an efficient and lower-cost alternative to litigation.
Mediation-Arbitration
This is a hybrid process involving aspects of both mediation and arbitration. This process was designed for parties who believe they can reach a mutually acceptable settlement with the assistance of a neutral hearing officer, but who agree to be bound by the neutral’s decision in the even that they are unable to reach settlement. The process typically is undertaken as a non-binding mediation, however if the parties are unable to achieve resolution, the parties must proceed to present any remaining issues to the mediator who shall than act as an arbitrator for the purpose of considering the evidence and arguments and issuing a binding decision. This process will not be utilized unless each of the parties and counsel execute a written consent to proceed in such a fashion.
Discovery Referee
The parties designate a neutral referee to deal with the mechanics of discovery, resolve discovery disputes, and assist the parties in preparation for trial.
Mediation is a voluntary and non-binding negotiation process by which an impartial neutral “mediator” assists in resolving a dispute between two or more parties. The role of the mediator is to facilitate communication between the parties, narrow issues, focus the parties on the real issues of the dispute, explore common needs. The mediator will assist the parties in creating options and solutions that will meet the interests and needs of the parties in an effort to resolve the conflict in a satisfactory manner.
Arbitration
Binding arbitration is a procedure by which the parties agree to submit their disputes to a neutral third party, “arbitrator” will consider the arguments and evidence from the parties and render a final and binding decision in connection with the dispute.
The parties may mutually agree upon the rules and the procedures to govern the arbitration. In that regard, the arbitrator will honor the terms and conditions of any such written agreement or contractual arbitration provision that the parties have entered into. The arbitration proceedings are generally conducted with a minimum of discovery to provide an efficient and lower-cost alternative to litigation.
Mediation-Arbitration
This is a hybrid process involving aspects of both mediation and arbitration. This process was designed for parties who believe they can reach a mutually acceptable settlement with the assistance of a neutral hearing officer, but who agree to be bound by the neutral’s decision in the even that they are unable to reach settlement. The process typically is undertaken as a non-binding mediation, however if the parties are unable to achieve resolution, the parties must proceed to present any remaining issues to the mediator who shall than act as an arbitrator for the purpose of considering the evidence and arguments and issuing a binding decision. This process will not be utilized unless each of the parties and counsel execute a written consent to proceed in such a fashion.
Discovery Referee
The parties designate a neutral referee to deal with the mechanics of discovery, resolve discovery disputes, and assist the parties in preparation for trial.