Dispute Resolution, With and Without Attorneys
Mediation and arbitration as a mechanism for dispute resolution are more prevalent than ever. Not only is mediation, and even non-binding arbitration, regularly ordered in pending lawsuits but many contracts of all sorts include mandatory mediation or arbitration provisions. Pre-suit mediation and arbitration are often done without the involvement of an attorney, although, particularly in some scenarios, assistance from an attorney can be quite helpful. Attorneys not only serve as advocates for parties in mediation and arbitration but often serve as mediators or arbitrators.
The attorneys of Snell Legal have extensive experience with mediation and arbitration in a wide variety of contexts both as advocate for involved parties and as mediator. We can provide representation or serve as mediator on a broad spectrum of issues pre-suit and post-suit consistent with the representation we routinely provide to clients.
When we serve as mediator it is not required that you have an attorney and while we have facilities you can use we can also come to your mutually agreed location. While, as mentioned above, attorneys can certainly be helpful they are not always necessary and there is the possibility, with the assistance of a Snell Legal mediator, to resolve your dispute less expensively, and relatively quickly, than if lawyers are used. Clearly, if mediation is unsuccessful the option would be available to retain counsel at that time. We do not represent parties in matters which we have mediated because that would be a conflict of interest so you never have to worry that there is any ulterior motive when a Snell Legal attorney mediates your matter.
The standard mediation and arbitration services provided by Snell Legal are as follows:
- Serving as mediator with one or more party unrepresented by an attorney
- Serving as mediator with all parties represented by attorneys
- Representing parties in binding/final arbitration
- Representing parties in non-binding/non-final arbitration
- Representing parties in mediation
Mediation/Arbitration Primer
Mediation is a process through which parties with a dispute seek to voluntarily and, if possible, amicably resolve the dispute with the assistance of a neutral third party mediator. Mediators are often, but not always, attorneys. The familiarity of the law can be useful but is not necessarily essential. The mediators do not give legal advice, they do not make decisions, they do not require the parties do anything other than make their best effort at resolving their dispute. If the parties don't agree to a resolution then there is no resolution. Mediation is often required prior to binding arbitration or litigation.
Arbitration is also a dispute resolution process but it is one in which the arbitrator does make a decision. Arbitration decisions can be binding or non-binding. By binding that means that the decision of the arbitrator is final and there is no alternative means by which to obtain another final decision. Appellate options are very limited with arbitration. Arbitration can be much like a lawsuit, with discovery and lengthy presentation of witnesses and other evidence, therefore, it can be quite costly.
While mediation and arbitration are often required by contracts and courts it isn't a necessity. Parties interested in resolving a dispute a free to choose to mediate or arbitrate at any time and in the competitive and budget minded world in which we live it usually makes sense, one way or another, to resolve disputes before they escalate and become too distracting and expensive. Who better to assist you in resolving a business dispute than the business law attorneys of Snell Legal?
