ShawLaw Knows Mediation and Arbitration!
Taking a case to trial can take a long time and be financially exhausting. Often courts and contracts will encourage or require disputing parties to turn to mediation or alternative dispute resolution (ADR) in an attempt to resolve the issues sooner and at less expense to all parties. Courts are beginning to view mediation as an effective, useful tool to resolve cases and are often requiring mediation or some other form of alternative dispute resolution to be attempted in good faith before cases are brought before the judge.
First of all it is important to understand what dispute resolution is. Dispute resolution has several methods as it pertains to the law. The consensual process involves a third party to try to get the disputing parties to come to an agreement of their own. This is often a cheaper and better way to handle disputes because it is the goal of the collaborating party to get the parties together and agree upon how that dispute shall be resolved.
The basic types of dispute resolution are as follows:
- Collaborative law
- Negotiation (of which there are many types)
The above methods fall into 2 major categories: adjudicated process and consensual process. The so-called adjudicated process is one that involves a third party deciding the outcome of the dispute. These third parties can involve a judge, jury, or arbitrator. Most of the time the disputing parties will present the case to an adjudicating party and the outcome is decided by a third party. Lawsuits in arbitration fall into this category.
The adjudicating process can be very costly and time consuming because both parties are attempting to reach an outcome which the other party would not want. Typically, this means that both parties are hiring attorneys or other counsel to present their case in such a manner as to win the verdict.
Although our Shaw Law attorneys are very experienced in the adjudicated process with many years of experience in court room and trials, it is often to our clients’ benefit to go down the consensual path. If you find yourself in a dispute with another party, Shaw Law can help you develop a solid and consensual agreement while working with both parties to come to the most effective resolution.
Several common areas where mediation and arbitration are often used and quite effective are:
Family law mediation: When property division, child custody, and other matters are at issue in a divorce, mediation can help you and the other party develop your own agreement rather than leaving the issues for a judge or jury to decide.
Construction arbitration: Lengthy litigation can hold up a real estate development project for years. By using arbitration, the parties can often resolve the issues with less expense and get the project back on track.
Business contract mediation: Many business contracts require mediation as a preliminary step before litigation can be considered. We can represent you and present your case in mediation.
Personal injury mediation: Here the work is done with the insurance company or other defendant and the injured party or plaintiff and efforts are made to reach an agreeable settlement for medical costs, wage loss and other damages. Mediation should not be confused with arbitration, which is binding.
The attorneys at Shaw Law are not only attorneys, we are counselors and family members with children, we understand stress and are aware that bringing even the minimal hostility to a stressful legal situation does not work in anyone’s best interest. Shaw Law attorneys can be fierce litigators when demanded, but we also help prepare clients for a variety of situations such as giving statements, medical and psychological exams, court appearances, as well as seeking out positions of compromise and agreement when necessary. At Shaw Law we provide and encourage a comfortable, respectful atmosphere while offering strong, solid legal advocacy.
In our years of practice, the personable staff and accomplished network of professionals that are part of the Shaw Law family have worked with countless clients, many who have returned when a new legal need arises. Shaw Law offers a creative and cost-effective solution to get your case settled – even if it sometimes seems overwhelming to you. Our attorneys and staff offer candid assessments of the strengths and weaknesses of each case.
If you would like more information about our dispute resolution process, contact us at Shaw Law and we will work on developing a successful strategy for resolving your case.