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Mediation & Arbitration

The filing of lawsuits increased every year in our country. As court dockets continue to fill up with cases the costs of litigation and time delays make it seem as if you will never get your day in court to resolve your legal dispute. For this reason, court mandated and privately agreed to Alternate Dispute Resolution (ADR) efforts have become increasingly popular. The two most common forms of ADR are arbitration and mediation. Mashel Law LLC provides mediation and arbitration services to employers and individuals who have a pending employment dispute. We have extensive experience representing clients in both Mediations and Arbitrations.

Mediation

Mediation is a non-aggressive, casual forum to resolve a dispute. One person, called a mediator, will listen to both sides of the dispute in an informal setting. The mediator may ask questions, but it’s typically for clarification purposes. No testimony is recorded. After the mediator hears both sides, the mediator will caucus or separately meet with each party. The mediator may go back and forth in an attempt to broker an agreement to resolve the dispute.

Arbitration Mediation & Arbitration

Arbitration can be a more aggressive forum to resolve disputes. It is more like a court proceeding. This type of proceeding may be heard by a panel of up to three people called arbitrators. Testimony is heard from both sides and may be recorded by a court reporter. Each side may make opening and closing remarks, and each party can be subject to cross-examination. Witnesses can be called to testify. Arbitration is generally governed by the Rules of Civil Procedure, but the proceeding is often considered more relaxed than a court hearing.

Mediation and arbitration can be mandated by contract or court rules, depending on what and how much is in dispute or if going to arbitration is voluntarily agreed upon by the parties. If not governed by contract or court rule, the location of the proceeding can be almost anywhere agreed upon by the parties.

The costs of the mediator’s time are usually evenly split by the parties. With respect to arbitration costs, a contract in force may dictate responsibility for the costs. Depending on the nature of the case, a local government may pay the arbitrators.

In mediation, the mediator tries to facilitate a resolution. Any recommendations made by the mediator typically are non-binding on the parties unless agreed otherwise. If mediation is unsuccessful, the dispute could proceed to court.

Arbitration awards can be non-binding or binding, depending on the understanding of the parties in the proceeding. If the arbitration is non-binding, either side, if unhappy with the award, can appeal to a court of jurisdiction to decide the outcome. When the decision of the arbitrators is binding on the parties, the decision is final. Both sides must accept and live with the judgment without any right of a court appeal.

If you find yourself faced with a need to enter into a mediation or arbitration and are looking for experienced attorneys to help you navigate the process, do not hesitate to contact attorneys at Mashel Law, LLC.

Client Reviews
★★★★★
From start to finish this firm was amazing. During a real difficult time in my life they made my case feel like it was a top priority. I can't thank them all enough. Great job! I would highly recommend this firm. C.B.
★★★★★
No person ever wants to use a Labor and Employment Attorney because that indicates that someone has been through a bad experience. From my first contact with them up until our final meeting I was pleased with their professionalism, knowledge, kindness, and customer service. Their attorneys possess integrity and realism. They will fight for you if you have a case. I'm glad I came to Mashel law. While I hope anyone reading this doesn't need an attorney in this area, if you do I highly recommend them. V.S.
★★★★★
After an offer to settle for a very small amount, I went to Mashel Law Firm. Mr. Mashel and Peter earned me eleven times more than previous offer. Only Mashel law firm can teach your employer the lesson. You should get benefit of their expertise. R.P.
★★★★★
I learned of the firm from a referral of a client who was also satisfied with your firm. I was 100% satisfied with the treatment and services provided. My experience with Mashel Law was a painless experience, gentle and kind. I would absolutely recommend this firm to anyone. N.A.
★★★★★
If you have experienced personal injury and need someone that really can help you with your case, you need to come to Mashel Law. They do their homework. Steve is an excellent attorney with the gift of situational intelligence. This means that, when presented with contrary evidence. He has the insight to get past the misnomers and extract the facts in a manner that places you in a favorable position. This Firm also has the experience, expertise and the forethought to posture your case in the best position, with medical professionals that speak with compelling intelligence and intellect concerning your injury. If you are serious about being represented properly, do not hesitate to contact The Mashel Law Firm. H.L.