Mediation - Mediation is commonly used in civil matters, dissolution/divorce and family law proceedings, but is also used in a variety of other arenas as well such as, Workers Compensation, Elder Law, School and Employment matters. Like Collaborative Law , Mediation allows parties to discuss their wants and needs in an open communication forum; and it is the parties who formulate the Agreement that contains their means of resolution to the issue(s) in dispute. The mediator is a neutral/impartial third party, who facilitates the discussion and assists parties in coming to an agreement by helping them identify and recognize common goals, concerns, and interests. With the identification of common interests or concerns, the parties can begin to find areas in which they can come together/agree.
Mediation is beneficial because it empowers the parties with the decision making authority to structure the best means for resolution of some if not all of their current disputes; and also, to design guidelines for any future relationship that they must development.
Mediated Agreements are highly successful because the parties custom-designed them to fit their unique needs whereas a judge issued or other third party rendered Order is rather "one-size-fits-all", and by default, statutorily limited in nature and generally impractical for application to the parties' day-to-day situation. Other benefits to using Mediation in lieu of Court include: privacy, confidentiality, and often, but not always, reduced cost.
Arbitration - Arbitration can be used in family law and civil negotiations. In this Alternative Dispute Resolution forum, the parties' dispute is referred to one or more impartial persons,(often Attorneys) for final and binding determination rather than a judge. Arbitration is designed to be private, informal, quick, practical, and economical. Although the Arbitration not the parties renders the resolution, the parties maintain some control over the arbitration process in that they can add specific provisions to their contract's arbitration clause or, when a dispute arises, they can modify certain of the arbitration rules to suit a particular dispute. In addition parties can enter into Stipulations/ Agreements pertaining to how the Arbitration process itself will be conducted such as; regarding confidentiality of proprietary information, evidence, locale, the number of arbitrators, and issues subject to arbitration.
If you want more information on these methods of dispute resolution, please contact us. Whether you choose to resolve your dispute through traditional, collaborative, mediation or another Alternative Dispute Resolution means, you can be confident the professionals at Larbus Law Group, LLC can assist. We have the training, skills and experience you need to reach a successful outcome.
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