Business Mediation and Arbitration AttorneysLawyers at the law firm of Dunlap, Grubb & Weaver are advocates of a variety of alternative dispute resolution methods. As a law firm committed to keeping legal costs reasonable, we have found that alternative dispute resolution (ADR) may, under the circumstances, be a much less expensive way to solve problems and resolve business disputes. There are a number of arbitration forums and sometimes parties are bound to arbitration without realizing it. Our firm has handled AAA Arbitration (American Arbitration Association), NASD Arbitration (now subsumed under FINRA), JAMS, HKIAC (Hong Kong International Arbitration), AIA contract arbitration (which is AAA commercial arbitration) and a variety of other private arbitration and mediation processes in jurisdictions across the US and in foreign countries. What is Arbitration?In arbitration parties to a dispute agree to resolve it outside of court. The parties hire a third person, usually a retired judge and specialty attorney, and their agreement determines the rules of how the arbitrator makes his or her decision. There is no jury and generally no appeal. Even if the arbitrator makes a mistake, the parties usually have to accept the arbitrator's decision. Thereafter, a court will enforce the arbitrator's judgment the same way it enforces its own judgments. Differences between business mediation and arbitrationBusinesses often use one of two principal methods of ADR: mediation and arbitration. These methods differ in several ways. In arbitration, an arbitrator listens to arguments from both sides of the dispute and makes a decision based upon the evidence presented. In mediation, the mediator helps the parties discuss the dispute, helps them work out a solution but does not make a decision for the parties. When is ADR useful?Our lawyers have found that these methods of ADR are effective
in a wide variety of circumstances. We thoroughly prepare clients
for mediation and help them develop presentations for arbitration
sessions. Our clients have used ADR to resolve such disputes
as: Advantages of business mediation and arbitrationADR is not for everyone; some disputes will require litigation. However, for some clients, ADR can prove to be a cost-effective solution. In business mediation, both parties have some role in developing the solution. This makes that solution more likely to be honored, keeping clients out of court and allowing them to focus on making the business thrive and grow. Arbitration is a very tricky area because the law is still developing. Contact us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or 800-747-9354 or if you calling from outside of the United States, call 202-316-8558 for a consultation to discuss your remedies, rights and responsibilities. |