Family
Mediation Services, Inc.
Mediation and arbitration are two forms
of what is known as Alternative Dispute Resolution ("ADR"). All forms
of ADR are desirable in that:
(a) They provide a reasonable alternative
to traditional, expensive and time consuming litigation in which a judge makes
a decision in a formal and public forum.
(b) The parties are motivated to focus on
the resolution of the issues rather than on trial preparation.
(c) The parties have their "day in
court", that is, a hearing and an opportunity to tell their story and to
express their view of a fair resolution.
(d) Each party has a chance to hear a
capable presentation of the other side's case, often for the first time.
(e) A window of opportunity is available
to identify common interests and points of agreement, and to fashion a mutually
acceptable resolution, thereby avoiding a win/lose outcome.
Arbitration is a process in which the
parties voluntarily agree to submit their dispute to a neutral third party for
final and binding resolution. The arbitrator is selected for his or her
knowledge and expertise in the area of dispute. The hearing can be scheduled
promptly, avoiding lengthy court delays, and at a time and place convenient to
the parties and their attorneys.
Arbitration hearings are generally not
transcribed and are therefore confidential and not subject to public
disclosure. An evidentiary hearing is held, however, the strict rules of
evidence do not apply. Evidence can be submitted by telephone, written reports,
affidavits or in other ways that simplify the process
- trusting in all cases that the arbitrator will be able to give the evidence
the weight it deserves.
The entire arbitration process is
informal and provides ample opportunity for the parties to reach an agreement
themselves before the arbitrator makes a decision.
Contact Us
if you are interested in arbitration or want to learn more about the process.
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