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Arbitration & Mediation

Alternative Dispute Resolution is Extremely Common in Today's Business Environment

For the most part, arbitration has become the default for dispute resolution in commercial agreements where informal talks have failed. Arbitration is an extremely flexible process, wherein the parties can agree on the procedural formalities. Another advantage of arbitration over the traditional court process is that the parties can choose an arbitrator with experience in the parties’ area of business. It is also far cheaper for all parties involved. Arbitrations can be binding, and if an arbitrator’s decision is not complied with, it can be enforced against the other party by court order.

Mediation is a non-binding, informal dispute resolution process. Generally a mediator will hear both sides of a dispute, and help both parties come to a solution. Mediation is mandatory for some court processes in select jurisdictions. While some see non-binding processes as a waste of time, if there is actually room for a mutual solution, a mediator may bring parties far closer to settlement than they could have achieved on their own.

Our lawyers are experienced in business negotiations, alternative dispute resolution, and the litigation process. Your business needs to understand its legal position to properly navigate serious business disputes. Knowing your Best Alternative to a Negotiated Agreement (BATNA) will ensure you know when a settlement offer makes sense to accept and when to continue negotiations.

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