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Frequently

Asked

Questions

01/

What are some of the benefits of participating in a

Pre-litigation, Mediation, or Arbitration process?

Multiple benefits are available to participants when engaging in Pre-litigation, Mediation, or Arbitration. In many instances, conflicts can be resolved to both parties satisfaction without incurring the high costs of court proceedings. Additionally, these processes ensure that each party’s interests are considered equally because the process is managed by the Mediator/Arbitrator, a neutral third party. Another consideration for choosing Pre-litigation, Mediation, or Arbitration as a solution for resolving conflict is the element of time savings. These processes produce a quicker resolution than by using the court system.

02/

What are the main differences between Pre-litigation, Mediation, and Arbitration?

Pre-litigation takes place before a claim is filed with the courts. Because no claim has yet been filed with the court, the disputing parties are guaranteed the right to privacy. The issue in question, information about the parties involved, and the outcome of the pre-litigation process all remain private and shielded from public view.

During Mediation, both parties are guided by the Mediator as they work together, and separately, to determine a common solution. All conversations between the Mediator and the parties are treated with confidentiality. Whether or not the mediation process is successful in resolving the issue at hand becomes a matter of public record but specific details of the process remain private.

In Mediation, both parties are responsible for creating a solution. In Arbitration, however, the Arbitrator acts as the decision maker. The Arbitrator’s ruling is legally binding and permits a limited right of appeal. In addition, information regarding the Arbitration and details of the Arbitrator’s decision may become a matter of public record.

03/

What types of disputes can be resolved through Pre-litigation, Mediation and Arbitration?

Pre-litigation, mediation and arbitration services can be utilized to resolve a wide range of concerns. Many sensitive employment controversies can be settled through Pre-litigation. Mediation and Arbitration can be beneficial when resolving family interests, malpractice issues, and a variety of civil disputes.

04/

What are the costs to consider when entering into Pre-litigation, Mediation and/or Arbitration?

Costs are generally based on an hourly fee charged by the Mediator/Arbitrator.  Parties considering these services should keep in mind that by employing the services of a Mediator/Arbitrator, court costs can be greatly reduced and sometimes eliminated altogether.

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