Creative ways to settle disputes without court involvement - Ahwatukee Foothills News: Money

default avatar
Welcome to the site! Login or Signup below.
|
||
Logout|My Dashboard

Creative ways to settle disputes without court involvement

Print
Font Size:
Default font size
Larger font size

Related Stories

Posted: Monday, June 10, 2013 11:21 am

When I meet with clients who have a dispute with another individual or company, oftentimes my clients tell me to file a lawsuit believing that this is the only way for them to get what they are after: typically money and vindication that their position is correct. I always counsel my clients that litigation can be expensive and that there may be — though not always — a less expensive way to achieve their objective in a far quicker manner. Some of the less expensive ways of achieving the desired objective include mediation and arbitration.

A mediation is nothing more than a non-binding settlement meeting between the two parties (and often their attorneys) and a knowledgeable attorney who has agreed to serve as a neutral mediator to help the parties resolve the dispute and prepare a binding agreement memorializing the resolution. There really is no downside to a mediation since the neutral mediator cannot force either party to agree to any settlement term that they don’t like. The mediator’s role is to give each side his non-biased view of the arguments being offered by each side. You certainly do not need to accept the mediator’s view on the strengths or weaknesses of your legal position, but you should give some consideration to the mediator’s opinion since typically the mediator is knowledgeable in the subject area in dispute and most of the time is an attorney who has either brought similar claims or defended similar claims that have proceeded to trial. I often serve as a mediator in disputes involving other lawyer’s clients. When I do this I am almost always successful in reaching a settlement, but have had several instances where the parties participated in good faith but could not agree on settlement terms. It is important to remember that anything said at a mediation typically cannot be used in any later court proceeding since one of the conditions to participating in a mediation is that all conversations at the mediation will be confidential and cannot be used in any later proceeding.

Another alternative is to participate in an arbitration. The main difference between an arbitration and a mediation is that the neutral arbitrator will act essentially as a judge and will issue a binding decision. The arbitrator will typically allow testimony from the parties and other witnesses before making his binding decision. One advantage arbitration has over filing a lawsuit is that usually the arbitrator’s decision is binding, which means it cannot be appealed. That is not the case when you file a lawsuit since a decision made by a trial court judge can be appealed, which adds significant additional costs. Another advantage of an arbitration is that you can typically get a speedy arbitration date as opposed to filing a lawsuit, which may take a year or longer to get a trial date. Finally, the parties generally need to agree on who the arbitrator or mediator will be. This allows the parties to try to select an arbitrator or mediator who is knowledgeable regarding the industry or claims in dispute. This does not happen when you file a lawsuit and have your case decided by a jury of 8-12 individuals.

There are many instances where a mediation or arbitration are not the best course of action. However, it is always worth taking the time to explore whether mediation, arbitration or some other alternative dispute resolution mechanism may make sense in your situation.

• Brian Foster is a 20-year Ahwatukee resident and senior partner at Snell & Wilmer L.L.P. in Phoenix. Reach him at (602) 382-6242 or bfoster@swlaw.com.

More about

More about

More about

  • Discuss

Daniel Johnston's Amazing Life Is Now A Batshit Graphic Novel

Born in Salamanca, Spain, and now based in Barcelona, Ricardo Cavolo is an illustrator and muralist who has won international acclaim for his …

Published: July 27, 2016 - 10:22 pm @ http://www.thefader.com/2016/07/27/daniel-johnston…

Minnesota in a Box: To Get You to Visit, the State Will Now Visit You First

Take a vacation to Minnesota? Nah, it's too cold and dreary with all that snow and dreary-ness. Brrr… To combat this common misperception, Exp…

Published: July 27, 2016 - 10:21 pm @ http://www.adweek.com/adfreak/minnesota-box-get-yo…

Turkey shuts down dozens of media organisations

STEPS FOR DISABLING AD BLOCKERDriving in Canada Canada - a home away from home Canada, it's time to change! Living with a disability in Indo-C…

Published: July 27, 2016 - 10:21 pm @ http://timesofindia.indiatimes.com/world/middle-ea…

Dinesh D'Souza's 'Hillary's America' is Top-Grossing Documentary of 2016

The third film from the controversial conservative filmmaker — after 2016: Obama’s America and America: Imagine the World Without Her — has ta…

Published: July 27, 2016 - 8:51 pm @ http://www.breitbart.com/big-hollywood/2016/07/27/…

Smithsonian Celebrates 100 Years of America’s National Parks

Arches National Park, UtahA view of the Milky Way through the North Window arch in Arches National Park, Utah, 2013. The North Window arch is …

Published: July 27, 2016 - 8:50 pm @ http://goldrushcam.com/sierrasuntimes/index.php/ne…

Obama visits wounded veteran Cory Remsburg's new home

Gilbert - President Obama's visit to the Valley on Friday included a discussion at the Phoenix VA Hospital and a meeting with Kayla Mueller's …

Published: July 27, 2016 - 8:50 pm @ http://www.abc15.com/news/region-southeast-valley/…

KidsCare brings affordable healthcare to Arizona

By Socorro Carrillo | Cronkite News PHOENIX — KidsCare returned to Arizona on Tuesday after a more than five-year absence and advocates expect…

Published: July 27, 2016 - 8:50 pm @ https://cronkitenews.azpbs.org/2016/07/26/kids-care-az/

This is what a pro athlete’s tax return looks like

NFL player Josh Martin’s taxes this year should be a lot less complicated than they were last season. Martin, a 24-year-old linebacker who ent…

Published: July 27, 2016 - 8:22 pm @ http://www.marketwatch.com/story/the-jock-tax-and-…

Clinton Picks Virginia's Tim Kaine for VP

Democratic presidential candidate Hillary Clinton and Virginia Sen. Tim Kaine at an event in Northern Virginia last week. (Alex Wong/Getty Ima…

Published: July 27, 2016 - 7:55 pm @ http://www.rollcall.com/news/politics/kaine-profile-vp

Police investigating officer-involved shooting in Scottsdale parking lot

SCOTTSDALE, AZ - Police are investigating an officer-involved shooting in a Scottsdale parking lot. The incident was reported Wednesday aftern…

Published: July 27, 2016 - 6:55 pm @ http://www.abc15.com/news/region-northeast-valley/…

Facebook

ahwatukee.com on Facebook

Twitter

ahwatukee.com on Twitter

RSS

Subscribe to ahwatukee.com via RSS

RSS Feeds

Spacer4px

Most Popular

Online poll

Loading…