Arbitration and Mediation are alternative methods of resolving disputes outside of court. Both are confidential in nature and are intended to reduce the high cost, the publicity, and unpredictable outcome that could result from a lawsuit that proceeds through trial. The attorneys at Gess Mattingly & Atchison, P.S.C. have substantial skill and experience in representing clients in both arbitration and mediation.
Arbitration is a formal process for resolving disputes, with specific rules of procedure, which takes place in lieu of a lawsuit. Each party will present their case to a neutral third party, known as an arbitrator, who will usually have specialized training or experience in the area of law at issue. The arbitrator will then issue a decision that is legally binding upon the parties. Arbitration is more expedient and less costly than court, and since the arbitrator’s decision is binding it eliminates the risk of the parties not being able to come to an agreement. However, because the decision is binding, it also means that one or both parties may not be satisfied with the result.
Mediation is a more informal process for resolving disputes, which may take place either before the filing of a lawsuit, or during the pendency of a lawsuit. The parties will convene with a neutral third-party, known as a mediator, who may or may not have specialized training or experience in the area of law at issue. Unlike an arbitrator, however, the role of a mediator is not to make a decision, but rather to discuss the strengths and weaknesses of each party’s case, and to make suggestions and serve as an intermediary in attempting to negotiate a settlement of the case. It is the parties, however, who remain responsible for deciding whether or not to resolve a case, and each party is free to walk away from the mediation without agreeing to a resolution.
If you need the assistance of an experienced arbitration or mediation attorney, please contact Gess Mattingly & Atchison P.S.C. For over 60 years our attorneys have been providing quality legal services to clients throughout Kentucky … let our tradition of excellence continue with you.