Nonbinding Arbitration: Finding a Way to Resolution
It has become a trend in many circuit courts to...
RumbergerKirk certified mediators provide alternatives to filing a lawsuit and/or going to trial to resolve disputes in a variety of matters. Mediation is used as one of the most efficient ways to bring a legal dispute to an amicable end. Mediated settlements are the only real-time methods of ending a dispute without relying upon a judge or jury to decide who wins and who loses. Not only is the expense of trial avoided, the uncertainty of motions for new trial and appeals are also eliminated.
Mediation has many benefits:
RumbergerKirk’s certified mediators have the experience and skills to facilitate a productive discussion and efficient end to the dispute between the parties. They take the time to understand the nature of the dispute entirely and keep the parties focused on writing the last chapter of the book rather than relying upon a judge or jury to do so. Mediation has an extremely high success rate and can be effective even when disputing parties appear to be nowhere near a solution. All it takes is a mediator willing to focus on finding the best solution for all involved.
Our mediators are committed to understanding the individual needs of the parties involved and providing the broad spectrum of legal knowledge and expertise necessary to effectively and efficiently handle your case. Parties receive individual attention and are able to obtain a resolution that is cost effective and fair. RumbergerKirk offers mediation services in both Florida and Alabama.
Binding arbitration (“BA”) is a form of alternative dispute resolution that helps disputing parties avoid the frustration and expense of a court trial while bringing finality to the dispute. It utilizes an expert neutral third-party arbitrator to decide the result with no risk of a new trial or an appeal, except in in the most limited circumstances.
Non-binding arbitration (“NBA”) is often ordered by the presiding judge in pending lawsuits. The process to that of a binding arbitration, however the decision of the arbitrator(s) is not automatically final. The purpose of a non-binding arbitration is to have a neutral party listen to the case presented by each side and then render an opinion as to what the result should be. Any party that does not agree with the decision, can reject the decision by requesting a trial. The only risk in requesting a trial is that if the party that rejects the result does not obtain a judgment which is 25% better than the decision of the arbitrator(s), then the requesting party may be ordered to pay the other party attorney’s fees and costs incurred after the arbitration as well as the cost of the arbitration. If a trial is not requested within 20 days, then the decision of the arbitrator(s) becomes final and enforceable.
Both forms of arbitration put the outcome of the dispute into the hands of either a neutral third-party or a panel of three neutral parties, but unlike a trial, it does not include a long, drawn-out legal battle. Another advantage is that the arbitrators are open to scheduling according to the needs of the parties, and not the court docket. Arbitration is less formal than trial and the rules of evidence are more relaxed. The disputing parties present their case to an arbitrator or panel of arbitrators and rely on the panel’s expertise to enter a fair and unbiased verdict, making the process as easy as possible for those involved.
Our experienced arbitrators focus on a wide range of disputes including personal injury, commercial disputes, labor disputes, family disputes and construction disputes. Our arbitrators have the experience to help all parties reach a resolution that is fair, reasonable and satisfactory.