The Santa Clarita business attorneys at Poole & Shaffery, LLP often focus on early and cost-efficient resolutions to the broad range of complex disputes they handle, wherever practical and in the best interests of the client. The firm understands that litigation can be time-consuming, costly, and devastating to the long-term success and viability of a company, which is why, when circumstances warrant, mediation, early neutral evaluation or arbitration can be viable alternatives for those looking to mitigate risk and resolve the dispute prior to trial.
Mediation is a non-adversarial process for resolving disputes, often used as an alternative to going to trial. Typically, the mediation process involves an impartial, third-party mediator assisting the parties in identifying common goals and interests, so they can begin to find areas where they can come together in agreement. The mediator is present only to help the parties communicate their ideas, and to offer options to minimize the possibility of future disputes. A mediator ordinarily does not have the authority or jurisdiction to render a final award or to determine which party should prevail in the dispute. Resolution of disputes in mediation is controlled by the parties - no one is forced to settle. Because of this, the parties can eliminate the risks that can occur when a judge or jury dictates an outcome that may adversely impact both parties.
Mediation can occur on a voluntary basis, either during or prior to litigation, or as ordered by the court to encourage the parties to settle the dispute before trial. Poole & Shaffery, LLP's Santa Clarita business lawyers have extensive experience mediating disputes in business transactions, employment law, environmental law, intellectual property matters, litigation, products liability issues, real estate law and toxic torts.
It is necessary to have the highest quality legal counsel representing you in mediation. A highly skilled mediator that brings the two parties toward a resolution without the need for trial can be of great benefit. The attorney from the firm that provides mediation services has extensive experience in business mediations and achieving an agreement or settlement, when this best serves the interests of the two parties. Contact the firm to get more information about mediation services, what to expect, and how the process could assist your company to avoid costly litigation. In some cases, it proves to be impossible to come to a common agreement, and moving forward with litigation is necessary. In such a case, ensure you have a Santa Clarita business litigation lawyer protecting your interests.
Arbitration is similar to a trial in that the determination of a dispute is reached by an independent third party. An arbitration hearing may involve the use of an individual arbitrator or a tribunal (a panel of pre-selected arbitrators). As part of the arbitration process, the parties, usually through a pre-existing contractual relationship, agree to submit the power to decide the dispute to an arbitrator or arbitrators. Arbitration is often binding, unless specified otherwise, and is generally a more expedited, cost-efficient method of resolving disputes, when measured against the costs a business can incur in trying an action in the courts. A faster resolution can be of benefit to businesses that need to move on and get the matter resolved within a reasonable length of time. In some cases, litigation could be a better option. The firm should review the situation to assist you to determine the best course of action.
The firm has arbitrated disputes for clients in a broad range of industries and commercial sectors, in both binding and non-binding arbitration matters, whether judicially-mandated, required by contract or statute, or voluntary by the parties. The business arbitration lawyer from the firm has a great deal of experience working with all major domestic arbitral institutions and rules.
Contact the firm for more information about mediation and arbitration.