Mediation: Finding Common Ground
Mediation is a collaborative process where a neutral mediator helps the parties involved reach a voluntary, non-binding agreement. The mediator works with both sides to explore their underlying interests and find a solution that works for everyone.
How Mediation Works
Our mediators can help resolve disputes by:
- Uncovering additional information that parties may not have shared.
- Facilitating communication and presenting offers to both sides.
- Providing impartial, specialized expertise.
- Brainstorming options to find a resolution that satisfies both parties.
Mediators can either take a facilitative approach, keeping their own views hidden and helping the parties communicate, or an evaluative approach, offering their opinions to guide parties toward an agreement.
Arbitration: A Binding Resolution
Arbitration is a more formal ADR process where a neutral arbitrator acts as a judge to resolve the dispute. The arbitrator listens to both sides, reviews the evidence, and makes a binding decision.
Key Features of Arbitration
- Flexibility: Parties can agree on various aspects of the arbitration process, such as the presence of lawyers and the standards of evidence.
- Confidentiality: Arbitrators' decisions are usually confidential and cannot be appealed.
- Cost-Effective: Arbitration is typically more expensive than mediation but less costly than going to court.
Types of Arbitration
- Hi-Lo Arbitration: Parties agree on upper and lower limits for any monetary award, reducing the risk of extreme decisions.
- Final-Offer Arbitration (Baseball Arbitration): Each party presents a final offer, and the arbitrator chooses one, encouraging reasonable negotiations.
- Tripartite Arbitration: Three arbitrators are involved, one chosen by each party and a neutral one selected by both, ideal for complex cases.