Alternative Dispute Resolution
The Firm offers a variety of alternative dispute resolution services. Joe Casseb, John E. Clark and Michael Hedges are certified, experienced mediators. We also offer arbitration services.
The following is an explanation of the types of alternative dispute resolution services offered by the firm:
Arbitration is a traditional form of private dispute resolution. It can be either binding or non-binding. Arbitrations can be administered by private organizations, attorneys, former judges, or a panel of attorneys or former judges.
Arbitrators are often selected on the basis of their experience in the particular field that is the subject of the dispute, e.g., construction litigation, personal injury, professional malpractice, or employment litigation.
Binding Arbitration is a process in which the parties choose a neutral person (ranging from one to a group) to hear the dispute and render a final and binding decision. Arbitration does not require formal compliance with rules of evidence or procedure, and there is flexibility in the timing and choice of decisionmakers. The proceeding is conducted in private, but binding arbitration awards are enforceable by the courts, with limited exceptions.
Non-Binding Arbitration is a similar process, except the Arbitrator renders an advisory opinion only.
Mediation is a process in which the parties or the court select a neutral third party to assist them in reaching a negotiated settlement. The mediator has no power to impose a settlement. The process is private, informal and non-binding. All communications to the mediator are confidential and privileged, unless permission is obtained to reveal those communications.