ALTERNATIVE DISPUTE RESOLUTION

In addition to client representation, we also provide alternative dispute resolution services to people who find themselves in a family or business dispute.  The following is a list of frequently asked questions that many people have about the different ways alternative dispute resolution can help them quickly and effectively resolves their disputes.

WHAT IS THE DIFFERENCE BETWEEN MEDIATION AND ARBITRATION?

Mediation proceedings are confidential. Most cases in mediation are generally resolved within two hours. Parties in mediation are in control of the case outcome. Parties in mediation may craft their own agreements in resolution of their conflict. Arbitration is the process of resolving a dispute or a grievance outside of the court system by presenting it to an impartial third party or panel for a decision. In arbitration the arbitrator is in control of the case outcome. Mediation is more appropriate for situations in which an ongoing friendship or business relationship is desired.

DO I NEED A LAWYER?

Having a lawyer is not necessary in the processes of arbitration and mediation. It is important to note, however, that third-party neutrals, such and mediators and arbitrators are prohibited from rendering legal advice or legal representation.  If you need legal advice, please seek the advice of a licensed attorney in your jurisdiction.

WHAT IS ARBITRATION?

Arbitration is defined as the process of resolving a dispute or a grievance outside of the court system by presenting it to an impartial third party or panel for a decision that may or may not be binding.

HOW MUCH DOES ARBITRATION COST?

Generally, submitting a case to our firm for resolution costs 70% less than the cost of trial in a state court.  For more information on additional fees contact us.

WHAT IS THE DIFFERENCE BETWEEN THE COURT OF ARBITRATION AND A STATE OR FEDERAL COURT?

ARBITRATION OF A CLAIM REQUIRES LESS MONEY AND TIME TO PROCEED THAN A CLAIM BROUGHT IN A STATE OR FEDERAL COURT. One of the differences is that our arbitrations and mediations are privately administered by our firm.  Arbitration is designed to resolve disputes in rapidly and effectively. A lawsuit filed in a State or Federal Court is subject to the rules of procedure, which may lengthen the process over several months or even years. This may result in thousands of dollars in legal fees. On the other hand, a claim submitted to arbitration generally takes six weeks and costs at least 70% less to process and resolve.

WHY SHOULD I CHOOSE ARBITRATION INSTEAD OF GOING TO STATE OR FEDERAL COURT?

We understand that people have responsibilities and other priorities, which means they do not have the time to deal with the court system. Therefore have a streamlined procedure designed to eliminate many of the procedures used in state and federal courts to delay the trial process. Arbitration is designed to allow people to effectively and efficiently pursue their rights without filing a lawsuit. Those without the means to afford an attorney may choose to proceed without one. On the other hand, it is very difficult to proceed without an attorney in a state or federal court because of the procedural requirements, with which people may or may not be familiar.

".…courts of this country should not be the places where the resolution of disputes begin. They should be the places where disputes end - after alternative methods of resolving disputes have been considered and tried."

-U.S. Supreme Court Justice Sandra Day O'Connor

WHERE ARE THE ARBITRATION HEARINGS HELD?

As part of the court's goal to provide efficient dispute resolution services in a comfortable, convenient, and confidential setting, the Court of Arbitration is unique in that it provides quality services in several convenient locations.

HOW DOES ARBITRATION WORK?

In order to begin arbitration of a claim, one party completes an arbitration claim form, files it with our law firm and pays a filing fee. The other party is served a notice of claim and responds. The parties could choose a participatory hearing where each party submits evidence and appears before an arbitrator, who studies the evidence, and issues an arbitration award. Alternatively, if both parties agree, the parties can have a Document Hearing, where an arbitrator studies the paperwork or electronic documents a decision and issues an arbitration award. If necessary, each party may issue subpoenas to call witnesses to the arbitration hearing. The arbitrator renders a decision, which is legally enforceable. The arbitrator will allocate all of the costs of the arbitration against the party who did not prevail. It is possible to resolve a case within six weeks from initial filing of the claim.

IS THIS THE SAME AS TAKING MY CASE TO A LAWYER?

No. As third-party neutrals, arbitrators are prohibited by law from rendering legal advice or legal representation.  If you need legal advice, please seek the advice of a licensed attorney in your jurisdiction.  Arbitration does not limit a party’s right to bring a claim but simply changes the place where the dispute is decided from the courts to an arbitration conference or document hearing. All arbitration sessions and proceedings are held in accordance with  the Federal Arbitration Act.  Where applicable, arbitration proceedings are governed by state arbitration law.

“The notion that most people want black-robed judges, well dressed lawyers and fine paneled courtrooms as the setting to resolve their disputes is not correct. People with problems, like people with pains, want relief, and they want it as quickly and inexpensively as possible. ”

-U.S. Supreme Court Justice Warren E. Burger

Please do not hesitate to call us for more information or to setup an appointment.

Michigan - (248) 470-8918

Texas - (281) 635-8318