Mediation and Arbitration are alternative methods of dispute resolution that are extra-judicial in nature. Mediation is a private, non judicial process in which the parties, with the assistance of a Neutral Mediator in reach a voluntary settlement of their differences through an agreement mutually arrived at. It is a joint decision making process. Arbitration, while also private, is a trial procedure for the adjudication of a dispute, without having to resort to the court system. The Neutral Arbitrator reaches a decision based upon evidence submitted by the disputants and the decision or Award is final and binding on the parties.
Both of these processes seek to avoid a court system in which it may take years to reach final resolution. Furthermore, in each of these processes, the parties select the Neutral based upon the experience and expertise which the Neutral may possess regarding the disputed subject matter.
According a to a recent survey by the American Arbitration Association an arbitration, from filing the claim to the issuance of a binding Award is 297 days, significantly less time than a formal court proceeding. It should be noted that both processes are confidential unlike a court proceeding.
Arbitration & Mediation Practice Areas:
• Commercial Construction Disputes
• Commercial Real Estate Disputes
Stanley P. Sklar, while practicing law for 45 years has been focusing on arbitration and mediation for the past 30 years and is available to assist you in the resolution of commercial disputes quickly and efficiently.
The College of Commercial Arbitrators has recently published its “Protocols for Expeditious, Cost-Effective Commercial Arbitration.” The Protocols are based upon a National Summit on Business-to-Business Arbitration to address mounting concerns about commercial arbitration. Copies may be downloaded at www.thecca.net.