Litigating a business matter can be expensive and time-consuming. Depending on the nature of the case, you may wish to pursue alternative dispute resolution (ADR) to resolve your business dispute. An Irvine business attorney can advise you about the different types of ADR and whether ADR is appropriate for your situation.
Your Irvine business attorney will advise you that it is often beneficial to first attempt to resolve issues through negotiation. Direct negotiations between the parties may be undertaken when there is a simple resolution available, and the parties are willing to negotiate with each other. However, in some cases, it may become necessary to involve a neutral party to facilitate the resolution.
Mediation and Arbitration
Two alternatives to litigation that utilize a third party are mediation and arbitration, and your Irvine business attorney can explain each of these in further detail.
Mediation—Mediation is a process where both parties meet with a neutral third-party mediator who assists the parties in negotiating a mutually agreeable resolution to the dispute. While the mediator will give his or her opinion regarding an appropriate method for resolving the issues, this opinion is not legally binding on the participants. In mediation, the parties decide the outcome and are not required to settle.
Arbitration—Arbitration is somewhat like a trial in that the outcome of the dispute is determined by an independent third party (the arbitrator), but it is less formal than a trial. The arbitrator listens to both sides and makes a decision, which is typically binding on the parties. Sometimes an arbitrator’s decision can be appealed if the parties have agreed to it in the arbitration agreement.
Benefits of Mediation and Arbitration
Both mediation and arbitration reduce costs and time associated with litigation, but can provide the same remedy. Hiring an experienced Irvine business attorney to represent you in mediation or arbitration can provide leverage in resolving business disputes outside of the courtroom. (In some cases, though, litigation may be your only option if the other party is not open to to using an alternative method to resolve the dispute.)
Contact an Irvine Business Attorney
If you are facing a business dispute, it is imperative that you understand all of your legal options. Call an Irvine business attorney at Daily Aljian LLP today at 949-861-2524 to learn more about using ADR as an alternative to litigation.