The phrase “ADR” or “Alternative Dispute Resolution” has gained wide recognition over the last few years, and with it the term “mediation”. However, ADR can include both arbitration and mediation. The most accepted definition of mediation is that it is a “facilitated negotiation” – a negotiation in which a neutral third party aids the parties to the dispute in communicating their issues and coming to a resolution fashioned not by the third party mediator, but by the parties themselves.
Part of what makes mediation effective is that it is an informal problem resolution process typically conducted under the rule of confidentiality. Parties are generally advised that statements made in mediation may not leave the room, are made without waiver of attorney-client privilege, and do not constitute admissions against interest for use against the speaker in a later adjudicated proceeding or trial. This rule of confidentiality is designed to promote more open communications between the parties.
In arbitration, the parties present their case, and submit evidence, to one or more arbitrators who are charged with deciding the outcome in the matter. Arbitration is more formal than a mediation but less formal than a courtroom trial. Unlike a mediation, arbitration still involves a weighing of evidence by the arbitrator and makes use of techniques common to litigation, such as direct and cross examination, submission of briefs and occasionally the filing of motions. Arbitration can be binding or non-binding. Binding arbitration precludes the parties from re-litigating the matter at trial and can also preclude or severely limit an appeal. Non-binding arbitration may permit the parties to seek recourse through state court or state appellate courts.
Several of the attorneys at Wade Ash have a wealth of experience and background in mediating and arbitrating disputes between the parties including, but not limited to, the following types of disputes:
- Breach of Fiduciary Duty Claims
- Removal of Fiduciaries
- Common Law Marriage
- Determination of Heirs
- Contested Guardianship and Conservatorship Cases
- Corporate and Partnership Dissolution
- Creditor Claims
- Insurance Claims
- Pre-Nuptial and Post-Nuptial Agreements
- Surviving Spouse’s Election for a Share of the Augmented Estate
- Will and Trust Contests
- Fee Disputes
Wade Ash Woods Hill & Farley, P.C. is centrally located and has offices equipped with 5 conference rooms to facilitate multi-party mediations.
Litigation costs have sky-rocketed and there are more cost-effective alternatives available. Give us a call to discuss your situation and whether our firm can assist you in finding a resolution to your case.