Practice Areas
MEDIATION / ARBITRATION
Attorneys at the Law Firm of Dasti, Murphy, McGuckin, Ulaky, Cherkos & Connors are qualified as alternate dispute resolution mediators and civil litigation arbitrators.
What are Mediation and Arbitration?
Mediation is an informal, voluntary process in which a neutral third party assists those in conflict to reach a resolution which is acceptable to all parties. The mediator is not the decision maker, but rather a facilitator who assists the disputing parties resolve conflicts by exploring all of the options and managing the negotiation process. While mediation is a completely voluntary process, should the parties reach an agreement, the agreement is binding and enforceable in court, as is any other contract. If the parties do not reach a mutually acceptable agreement, they are free to pursue legal action.
Arbitration is a voluntary legal process which takes place outside of the courts. In arbitration, a neutral third party acts as a decision maker. Unlike mediation, the award issued by the arbitrator is legally binding and generally cannot be appealed.
Participation in an arbitration proceeding permits the parties to receive the opportunity to present their individual positions to the arbitrator in their own words, without an overly structured, formal hearing. When matters are arbitrated, parties are required to sign an Arbitration Agreement. Should either party fail to live up to the arbitrator's decision, the other party may go to the court of appropriate jurisdiction to have the award enforced.
In both the mediation and arbitration processes, confidential information is not be revealed without the explicit permission of both parties. All discussions and documents disclosed during a mediation session will remain confidential and neither the documents nor the mediator may be subpoenaed. Only whether the mediation was resolved successfully will be considered as public information. The arbitration process is also confidential and not open to the public. The award issued by the arbitrator is, however, considered a matter of public record.
If you would like to talk to one of our attorneys about MEDIATION / ARBITRATION, please call our office to schedule a consultation.