Need to Resolve a Legal Dispute Outside the Courtroom?
Law Firm Saves Time and Money with California Alternative Dispute Resolution
Bringing a dispute to trial could escalate the tensions of both parties and prevent easier methods of reaching resolution. Furthermore, you may want to keep your working relationship with the other party, or you may wish to avoid the expense and time of a trial. An attorney experienced with California alternative dispute resolution (ADR) can help you reach a cost-efficient and speedy end to your business dispute or other legal issue.
At Arata, Swingle, Van Egmond & Heitlinger, we have been representing parties in mediation and arbitration for years. You can be confident in our law firm because we have the ADR experience you need. With our team of experts, we can help you come to a fair agreement with the other party. If you are going through a personal or business dispute and have questions about ADR, then contact us today.
What Is the Difference Between Mediation and Arbitration?
While many forms of alternative dispute resolution exist, mediation and arbitration are the most popular. The difference between the two is:
- Mediation is a voluntary process where both parties negotiate terms of an agreement with the guidance of a neutral third party – the mediator. During mediation, both parties will have a chance to explain their side of the story. The mediator will refocus on issues when necessary and keep the conversation on track.In this process, the mediator does not make any binding decisions about the case. He or she simply facilitates negotiations with the goal of helping both sides reach an agreement. After both parties come to an agreement the mediator drafts documents for review by lawyers of both parties. Successful mediation can lead to reduced court costs and a swift settlement.
- Arbitration is a process that also involves a neutral third party. However, unlike mediation, arbitration is similar to a court trial. Both parties may present witnesses, give testimony and provide evidence to the arbitrator. Afterward, the arbitrator drafts a decision and submits it to the court. While arbitration is like a trial, it is still much quicker, and therefore may save you money in court costs. An arbitration can be binding or non-binding, depending on the law underlying the dispute or the agreement of the parties.
What Are the Benefits of Alternative Dispute Resolution?
Going to trial is frustrating. Court costs can spiral out of control and litigation can take years. Alternative dispute resolution can save you time and money by settling your differences outside of court. Our attorneys can use the arbitration and mediation processes to help clients peacefully resolve disputes.
The biggest benefit of either process is that you effectively avoid the courtroom. This is advantageous to both parties because it reduces the involvement of outside influence. Instead a court order outlining a solution, you may sign a contract that both parties draft. As a result, you can retain more control over the situation.
ADR may be used as one part of the dispute resolution process, or may be the only method used. You may also resolve the dispute much faster. Through these proceedings you can reduce the emotional trauma and any damage to your business or assets.
Want to Avoid Going to Trial? Contact Our Attorneys for ADR Assistance
Disputes over shared assets, estates or business? Questions about the mediation process or arbitration clauses? You deserve to be confident and informed during negotiations and the process. Avoid the costly and lengthy of court proceedings by hiring our law firm. Our team will help you tell your side of the story to the unbiased mediator or arbitrator. We can help you resolve your dispute quickly and economically.
Avoid tense situations and keep your personal and business relationships intact. Keep control of your needs and future by having a hand in creation of your agreement. Call Arata, Swingle, Van Egmond & Heitlinger today at 209-522-2211 or contact us through our website.