Mediation
Disputes have various components. There is of course the actual issue of contention, but there is also the dynamics between the parties. Many mediators will attempt to work out a solution to the issue of contention while not addressing the reason the dispute began in the first place. Our techniques work to prevent conflicts from manifesting themselves again. This is especially important in situations where the parties will still be dealing with each other such as the workplace. Statistics show that civil disputes where the claims are worth less than $50,000 become a lesson in futility to bring to trial. Discovery alone can easily cost $5,000 – $15,000. Once you the cost of preparing for and trying a case is added in, the costs average $20,000 – $45,000. In other words, if a party prevails, they may only come out with a very minimal amount of money and a lot of stress and wasted time. Mediation is a very quick and inexpensive way to have a professional intermediary help the parties negotiate and save thousands of dollars. If Mediation fails to yield a result? You may wish to Arbitrate.
Arbitration
Some parties may not wish to attempt find an amenable solution to their conflict through mediation so they will opt for arbitration. Arbitration is handled similarly to a court proceeding but it is much less cumbersome and expensive. It can take anywhere from 1.5 to 3 years from the time a pleading is filed to actually have your day in court. With this extended period comes much cost, stress and wasted time in protracted discovery and motion practice. An arbitration hearing can be held in a fraction of that time. If the case is relatively simple it can be a matter of days. A professional arbitrator will act as an impartial judge of the evidence and testimony presented to them. They are adept fact finders and are very skilled in evaluating evidence and rendering a fair and reasoned award. Some parties actually feel much better making restitution when an impartial third party has made the decision. A very interesting statistic should be considered: Only 70% of perfect cases prevail in court. Why is this? Many attorneys will tell you that there are simply too many variables in a court proceeding. Who is on the jury? What are they really thinking? Do they have preconceived notions? If it is a bench trial, is the judge listening? Is your case the last one on the docket for the day? Is the judge tired? Is he/she listening to every detail? A professional dispute settler is hired to concentrate on your case and your case only. He/she will handle one case at a time unlike a court trying to get through a loaded docket.
Med – Arb
Sometimes a mediation may only resolve some of the issues within the conflict. Many parties will choose the med-arb option in order to end the entire conflict in the same process. Once the mediation has run it’s course, the mediator may change roles and become the arbitrator and render an award on the remaining issues. This is very efficient and cost effective because the mediator will already have substantive knowledge of the details of the dispute. The parties will not have to spend more time and money getting another dispute settler up to speed.
Construction and Technical Disputes
We have expertise and experience in Construction Dispute Settlement, and many types of technical matters. In matters such as these it is critical to have a dispute settler who understands the subject. Many times each side will hire experts to bolster their case and a dispute settler who understands the “debate” will be much more effective than one who does not. When there are conflicts between internal and public adjustor’s assessments in an insurance loss, a dispute settler who understands construction is invaluable in understanding what work is actually needed to restore the property to pre loss condition.