When time, money or privacy are a concern, arbitration and mediation offer clients other options.
Arbitration provides an alternative to trial by having one or three persons hear each party's position and make a decision which is binding on the parties. The intent of this process is that it be more expeditious and less expensive than trial.
Mediation affords privacy not available in litigation. There is no public filing and the mediation process is not open to the public. As a result, adverse publicity may be avoided. The parties agree at the beginning of their process that whatever is said in their mediation sessions will be kept confidential and will not be used in any litigation that might follow.
Unlike litigation, in which a judge or jury determines the outcome, the mediator has no authority to impose a settlement. Whether the parties settle is a decision that rests exclusively with them. This process also offers flexibility for parties to fashion a settlement that a judge or jury is not likely to be able to.
Since statistics show that cases tend to settle, the question becomes when, not if, a case will settle. If settlement is reached early in the process as opposed to on the eve of a trial, valuable resources are saved. Parties who are interested in cooperative problem solving are rewarded by saving time, money, maintaining privacy and possibly preserving a relationship beneficial to them.
A settlement entered through mediation provides finality. Although most parties embroiled in litigation focus on trial as the end of their dispute, the reality is that trial may be followed by years of (lengthy and expensive) appeals or actions necessary to collect a judgment.
Contracts may provide for mediation as a required method of dispute resolution before arbitration or litigation.
Foster Swift has been named a Tier 1 firm in Arbitration and Mediation in Lansing and Grand Rapids by U.S. News – Best Lawyers® "Best Law Firms" in 2014 and 2016.
REPRESENTATIVE EXPERIENCE
Prevailed in Various Union Arbitrations Within Nursing Homes
Arbitration: Dismissal of a Veteran Employee
Favorable Mediation Award Obtained
Arbitration of Large Complex Cases
$2,000,000 Construction Claim Arbitration
