Mediation is used in the law as a form of Alternative Dispute Resolution (ADR), frequently used during or before disputes in court to resolve issues. Mediation attempts to help parties in a disagreement to listen to the other side, to find ways to maximize agreement and minimize the harm from disagreement, and ultimately, compromise and meet in the middle.
Examples of cases that Khoo Mediation handles include business disputes, breach of contract, prenuptial and postnuptial agreements, and family disputes.
There could be a variety of benefits in choosing mediation as your form of alternative dispute resolution. First, there are the costs you may be able to save. The process is generally much quicker than other standard legal channels. Therefore, you’re saving on costs for time, opportunity costs because you don't have to miss out on work or business, and attorney's fees for fighting a court battle.
Mediation is strictly confidential (unlike public court hearings), which is another large benefit. Parties participating in mediation often come to resolutions in a more controlled manner (since there isn’t a judge or jury to make decisions). Often, they may even be able to preserve the relationship they had before the dispute since the process may prove to be less intense.
Mediation can either take place at our main office in Orange County or at any major city where we have meeting facilities. Mediation can also be held at parties' locations of choice, for example, a party's office. A travel fee is included for cities not in Orange County or Los Angeles County. Mediation can also be done online and remotely, over Skype, or over the phone, as long as both parties are willing.
Please email us at firstname.lastname@example.org or call us at (714) 459-2440 for inquiries about your specific case.
Arbitration is a method of ADR (Alternative Dispute Resolution). In almost any arbitration, the complaining party will send the opposing party a notice of their intent to arbitrate a dispute, outlining the basis for the dispute. There is typically a period for response, followed by the selection of arbitrators, and then the hearing itself. The selection process is typically outlined in the contract, but typically some type of input from both parties is requested.
The rules of arbitration are more streamlined than conventional litigation rules such as the Federal Rules of Civil Procedure (FRCP), the state's Code of Civil Procedure or Federal Rules of Evidence (FRE) or the state's Evidence Code. In many circumstances, a contract will specify the rules and timelines that will be applied in a dispute. If the contract does not specify, the parties may allow the arbitrator to implement procedural and evidentiary rules at the arbitrator's discretion.
The arbitration process involves many of the same components as a courtroom trial. For example, evidence is presented, arguments are made, witnesses are called and questioned by the parties, and so forth. However, many of these facets are simplified or limited so as to make the process quicker than the typical courtroom trial.
Following the required hearings, an arbitrator or a panel of arbitrators will usually deliver a ruling to the parties within a specific period of time. Depending on the type of arbitration, this ruling may be final, or there may be options to appeal.
In general, arbitration is often viewed as a more streamlined and less expensive method of resolving a dispute between two parties. It is a private process similar to a trial where parties make opening statements and present evidence to the arbitrator. Arbitration is different from mediation because the neutral arbitrator or panel of arbitrators has the authority to make a decision about the dispute.
Arbitration proceedings are not part of a public record and the rules and procedures are simpler. Compared to traditional court litigation, arbitration can usually be completed more quickly and is less formal. For example, often the parties do not have to follow state or federal rules of evidence.
After the hearing, the arbitrator issues an award. The arbitration process may be either binding or non-binding. When arbitration is binding, the decision is final, can be enforced by a court, and can only be appealed on very narrow grounds. When arbitration is non-binding, the arbitrator's award is advisory and can be final only if accepted by the parties.
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