What is Mediation?
Mediation is a process in which a mediator, as an impartial and neutral third party, assists the disputants to reach a settlement by evaluating each side’s case, fostering communication between the parties, and facilitating negotiation and mutually beneficial solutions to the conflict.
Is mediation costly?
In most cases, mediation is less costly and more efficient than litigation. Costs for mediation usually include mediator’s fees, meeting room reservation charges, case management fee, etc. All parties participating in mediation will be responsible to pay the fees in equal shares or by mutual agreement.
How long does mediation usually take?
For the parties to reach an agreement, a mediation session may last a few hours, a full day, or even two or three days, depending on the complexity of the case and willingness of the parties to cooperate.
What do I need to prepare before mediation?
A mediation brief is required before meeting with the mediator. Discovery documents are not required, but some of them will be deemed useful in helping the mediator to see a clearer picture of the case.
To ensure great mediation outcome, do I need to hire an attorney?
In general, it is not necessary to have an attorney to participate in mediation. However, if you believe that an attorney could help you have a better understanding of the law, and to prepare for mediation with an informed judgment, you may choose to hire one.
Is the mediated settlement agreement legally binding?
It will be legally binding as long as all parties and the judge have signed it.
Who is responsible for drafting a mediated settlement agreement?
The parties may either retain PAM Center neutral to draft the agreement, or seek legal assistance from an attorney representing one or more of the parties (but not representing both plaintiffs and defendants simultaneously).
What is arbitration?
Arbitration is an alternative to traditional courtroom litigation. It may be seen as an expedited hearing, or trial, yet with less formal and complicated proceedings than those of the court.
Instead of arbitration, why can’t I sue someone through the court?
In most cases, you can. However, sometimes court judges order the parties to resolve their disputes through arbitration. Moreover, arbitration often provides a quicker and more effective resolution than traditional court.
Is the outcome of arbitration legal and enforceable?
A binding arbitration award is recognized by Court. A non-binding arbitration, on the other hand, means either party can appeal the award decision and request a court trial instead. The US Federal Arbitration Act, coupled with the local state law, generally governs the arbitration proceedings.
What if I don’t like the outcome of the arbitration? Can I appeal it?
Only in the situation of a non-binding arbitration can the decision of the arbitrator be appealed https://www.abclocksmiths.org/auto-locksmith. By agreeing to a binding arbitration, the parties display commitment to resolve the issues in a less formal and costly fashion.
What do I need to prepare before arbitration takes place?
An arbitration brief needs to be submitted to the arbitrators prior to the hearing date. In the discovery process, all parties are encouraged to gather sufficient evidence to support the case, some examples include witness statements and any records or documents relevant to the case.
How long does arbitration usually take?
The process of arbitration may vary depending upon the complexity of the issues, which will affect the length of time taken for the whole process. Once the parties have agreed on the choice of arbitrator, the process may start in as short as a few days to a few weeks. An arbitration hearing date is usually arranged sooner than a court trial date, making arbitration at an advantage with situations in which time is of the essence.
Do I need to hire a lawyer to represent me during arbitration?
It is highly recommended to hire a well-experienced lawyer who can present your interests to the arbitrator and give you the best legal advice possible. A good lawyer can also maximize the chance of a successful outcome.
As a foreigner, I wish to initiate arbitration in the U.S. through PAM. Are international arbitration awards enforceable in my home country?
International arbitration awards are enforceable in over 150 countries around the world in accordance with the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention).