MEDIATION / ARBITRATION
Trained and Experienced Mediator and
Arbitrator Since 1996
Mediation / arbitration is an alternate process to resolve a
dispute that utilizes mediation and arbitration in an attempt to
resolve a legal issue without having to go to court. Mediation-
arbitration is a voluntary process, which means that both
parties need to agree to take part in this process. You can’t be
made to take part in, or forced to agree on the issues at hand,
but, if you don’t reach agreement, the arbitrator decides for
you.
Mediation can be utilized to resolve:
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Civil Torts
•
Employment Law
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Landlord/Tenant disputes
•
Personal Injury
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First stage
First, the parties involved meet with a mediator. A mediator is
a person experienced in helping reach an agreement on your
issues, but without taking sides. They help you and the other
party involved during negotiations to try and reach an
agreement. Mediators do not make decisions for you, and don’t
force you or your the other party to agree. They help you
communicate with the other party and see both sides of the
situation. The ultimate goal is to help both of you compromise
and reach agreement on the issues.
Second stage
If you can't reach an agreement with the help of your mediator,
you then work with an arbitrator. An arbitrator is someone
trained in the law. Many arbitrators actually are attorneys. If
you and the other party cannot agree, your arbitrator will then
decide your issues. You and the other party decide if the
mediator and arbitrator are the same person, or different
people. You need independent legal counsel to agree to the
process of mediation - arbitration. Your attorney won’t be
required to go to mediation or arbitration with you. They can
advise you on:
REGISTERED VA CLAIMS REP
The Difference between Arbitration and Mediation
Although mediation and arbitration ultimately have the same
goal in mind, an equitable resolution of the issues involved,
there are major differences that both parties must understand
first.
The main difference is that with arbitration the arbitrator hears
the evidence and then makes a decision. Arbitration is similar
to the court process, as there is still testimony and evidence
much like in a trial, but generally it is less formal. With
mediation, the process is a negotiation with the help of an
unbiased third party. There is no resolution unless all parties
are in full agreement.
Mediators don’t issue orders, assign blame, or make final
determinations. Mediators instead help the individual parties
reach an amicable agreement by helping with the
communication, gathering pertinent information, and
presenting options. Although procedures in mediation can
vary, the individuals generally meet with the mediator to
explain their sides of the dispute. The mediator will then
frequently meet with both parties individually. The mediator
has a discussion with each party regarding the dispute, and
explores possible ways to get to a resolution. It’s not unusual
for a mediator to go from one side to the other several times.
The ultimate goal continues to be on the individual parties as
they work towards a solution that is beneficial to both parties.
The majority of issues are resolved successfully and the parties
will generally then enter into an agreement in written form.
Most individuals report a greater satisfaction level with
mediation than arbitration or even other legal processes
because there is a level of control regarding the result, and they
are more of a part of the ultimate resolution.
On the other hand, arbitration tends to be a more formal
process. An arbitrator can be a retired judge, a senior attorney
or a professional like an accountant or even an engineer. Both
parties are presented with a chance to make their cases to the
arbitrator. Similar to a regular court proceeding, attorneys can
question witnesses. There are generally little or no out-of-court
negotiations. The arbitrator has the authority to render a
binding decision that both parties have to honor and the
decision is enforceable in the courts and the courts of 142
countries.
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How the law applies to your situation
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Your mediation-arbitration agreement
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How an agreement changes your rights
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Criminal Law Attorney - Washington - Oregon
All Rights Reserved
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surrounding areas.
You are in great hands with the
Law Firm of Josephine Townsend.
VETERAN’S ADMINISTRATION ACCREDITED/REGISTERED
VETERAN’S ADMINISTRATION CLAIMS REPRESENTATIVE
Resolving Disputes
Without “Going to War”.
Collaborating with Clients
to Make a Difference
Josephine Townsend, PLLC
1920 Broadway St.,
Vancouver, WA 98663
Phone: 360-694-7601
Fax: 360-694-7602
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