Tampa Alternative Dispute Resolution Lawyer
Business owners must consider Alternative Dispute Resolutions (ADR) based on the high costs associated with litigation.
ADR includes either:
- Mediation
- Arbitration
Mediation:
Mediation, what is this?
Mediation is a process wherein attorneys for both sides work with a neutral third party (the mediator) who hears both sides of the dispute and then attempts to resolve the matter out of court.
Is the mediation confidential?
Mediation is a confidential proceeding that gurantees both parties that their statements, proposals, or offers of solution will have no consequences beyond the mediation. The only information the mediator will keep is a list of the participants, the date, and time of conference.
In what stage of the case is it best to go to mediation?
Mediation can take place in any stage. It can be chosen as the first step towards a solution to the controversy when negotiations by both parties have failed. You can also go to mediation when both parties wish to interrupt the litigation or arbitration process to explore the possibility of a mutual agreement.
How much does mediation cost and who pays for it?
The cost varies depending on the mediator, the complexity of the case, the lengh of litigation, and the number of parties involved. The mediation cost is generally evenly divided by both parties.
What is an “impasse”?
An impasse occurs when the mediator or any of the parties involved determine that a resolution cannot be reached through the process of mediation. Unless the dispute can be resolved at some later date, the case will then proceed to trial.
How does mediation compare to litigation?
The demand for mediation has increased in the last several years because it is significantly cheaper than litigating a case and also because the case can be resolved much sooner.
Arbitration:
Arbitration, what is it?
Arbitration is a binding proceeding wherein both parties are in agreement to surrender the dispute to an arbitrator or a court made up of several arbitrators who at the end make a decision to resolve the dispute that is final and must be enforced by both parties. Arbitrations are typically used to resolve a variety of disputes such as: disagreements on commercial relationships with construction, insurance, transactions, computers or real estate (just to mention a few) to insurance claims, and complaints of labor unions.
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