Frequently Asked Questions

WHAT IS MEDIATION?

Mediation is a confidential and informal settlement conference where both sides attempt to resolve the case with the help of a neutral third party, called a mediator. The mediator facilitates communication and negotiation but does not make any decisions. The goal is to facilitate a discussion where both parties can communicate with each other.

WHAT IS NON-BINDING ARBITRATION?

Arbitration is a private process where a neutral third party (the arbitrator) hears evidence and arguments from both sides and issues a final decision. It’s often used as an alternative to going to court and can be either binding or non-binding, depending on what the parties agree to in advance.

Unlike mediation, which focuses on helping parties reach their own agreement, arbitration results in a decision made by the arbitrator, similar to a judge. The process can be tailored to the needs of the dispute, including how evidence is presented, whether live testimony is required, and how quickly a decision is issued.

WHAT TO EXPECT DURING A HYBRID MEDIATION/ARBITRATION

We begin with a joint mediation session, during which both sides present their positions briefly. If no settlement agreement is reached, we will move directly into arbitration.