Mediation & Arbitration

As the incidences and costs of litigation rise, businesses, the insurance industry, employers, physicians, and other professionals are increasingly turning to alternative dispute resolution proceedings to resolve disputes both before and after litigation is initiated.  Alternative dispute resolution encompasses a variety of out-of-court procedures, including mediations and arbitrations, which are generally less time consuming and more cost-efficient than traditional litigation. 

Mediation

Mediation provides parties with an opportunity to discuss settlement in an out-of-court and procedurally informal setting.  The discussion is facilitated by a neutral third-party mediator whose role is to encourage communication between the parties, and to encourage the parties to make a realistic evaluation of the case.  Sometimes parties meet face-to-face during mediation, and other times the parties speak only through the mediator, who works individually with each of the parties.

Arbitration

Arbitration is a more formal out-of-court proceeding in which the parties have an opportunity to take discovery and present evidence to a neutral third-party arbitrator.  The parties present their case, including briefs, documentary evidence, and witness testimony to the arbitrator, who ultimately makes a decision in the matter.  Although more formal than mediation, arbitration still provides a faster and less expensive method of dispute resolution.  

The lawyers at Hardy Erich Brown & Wilson carefully consider alternative dispute resolution options when representing clients involved in disputes and litigation matters.  The firm's attorneys are skilled at devising creative settlement techniques and are effective negotiators, as well as litigators. 

In addition to advocating for its clients, the firm also provides mediation and arbitration services.  A number of the firm's attorneys regularly act as independent mediators and arbitrators, all of whom are Members of the American Board of Trial Advocates and AV rated by Martindale-Hubbell, signifying the highest standards in legal and ethical ability. 

Contact Hardy Erich Brown & Wilson for more information about the firm's mediation and arbitration services.

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