In many cases, it is in the parties’ best interest to attempt to resolve their conflicts outside the court system. Arbitration and mediation services are two methods of alternative dispute resolution that can save the parties both time and money in bringing their case to conclusion.
Davison Eastman Muñoz Paone, P.A. has attorneys who have been trained and certified in dispute resolution and bring a wealth of experience to the matters in which they are selected to serve as impartial mediators and arbitrators.
Both mediation and arbitration offer the parties to a dispute an opportunity to resolve their cases outside of the courts. They are confidential and, although governed by state law, there are no public court filings.
In mediation, the parties select a neutral third party to serve as their mediator. The role of the mediator is to assist and guide the parties, who are actively involved in the process, to a mutually acceptable conclusion of their dispute.
In arbitration, the parties select one or more neutral third parties to decide the issues in the case, much as a judge decides a case. The parties submit information to the arbitrator(s) ahead of time and the arbitrator(s) make a decision that is legally binding on the parties.
Mediation has been used successfully in a broad range of cases that exhibit characteristics such as:
- The parties have an ongoing business or personal relationship or have had a significant past relationship
- Communication problems exist between the parties
- The principal barriers to settlement are personal or emotional
- Parties want to tailor a solution to meet specific needs or interests
- Cases involve complex technical or scientific data requiring particular expertise
- The parties wish to retain control over the outcome of the case
- The parties have incentive to settle because of time, cost of litigation, and/or drain on productivity
- The parties seek a more private forum for the resolution of their dispute
While there is not any case type that could not potentially benefit from mediation, commercial, construction, employment, environmental and Law Against Discrimination (LAD) cases, and certain General Equity and Probate cases are particularly suited to mediation because they tend to exhibit some of the characteristics described above.
Since each case is unique, the professional experience and expertise of the mediator or arbitrator can play a key role in assisting the parties in reaching a final resolution. Our attorneys have demonstrated competence, skill and expertise in resolving even the most complex litigation. If you are interested in dispute resolution as an option in your matter, please contact us today so we can explore how we can help you achieve your goal.