Questions About Mediation and Arbitration in Stockton, CA
Answers from reputable ADR attorneys in Northern California
Daniel F. Quinn at Quinn & Kronlund, LLP has spent more than 30 years earning the experience necessary to answer any questions you might have about mediation, arbitration and other forms of alternative dispute resolution. Here are just a few answers to questions that clients considering mediation or arbitration often ask.
- What are the benefits of mediation?
- What are potential drawbacks of mediation?
- Who appoints a mediator?
- Is a mediated decision legally binding?
- How does arbitration differ from mediation?
- What are the benefits of arbitration?
- What are potential drawbacks of arbitration?
Experienced, reputable Stockton arbitration attorneys
At Quinn & Kronlund, LLP, attorney Daniel F. Quinn can answer these and any other questions you may have about alternative dispute resolution. We are also no strangers to litigation. If you face a legal dispute, contact us today online or at 209-943-3950. We serve clients across California.
What are the benefits of mediation?
Mediation is far less expensive in terms of both time and money than litigation. Mediated disputes are often resolved in a matter of days. Also, a mediated settlement is usually confidential and strives to address the concerns of everyone involved. Mediation can also shield the parties involved from some extra dangers of civil litigation, like punitive damages.
What are potential drawbacks of mediation?
Mediated settlements are legally binding. Therefore, even careful, professional negotiation can lead to an impasse and parties can be left with no deal in spite of the best efforts of all sides.
Who appoints and pays for a mediator?
In most cases, the parties must agree on a mediator before the process can proceed. A judge in a lawsuit may appoint a mediator, but the parties still have a certain amount of say over the matter. It is also customary for all of the involved parties to split the cost of the mediator equally.
Can a mediated decision become legally binding?
Yes. Only courts carry the weight of law behind them, and the whole point of mediation is to resolve a dispute outside of a court. But a court can certainly accept a mediated settlement as a binding agreement that carries the full force of the court.
How does arbitration differ from mediation?
In mediation, the neutral third party helps the parties involved in the dispute to work through their issues and reach an agreement. An arbitrator, on the other hand, listens to all of the involved parties give their side of the case and then reaches his or her own legally binding decision.
What are the benefits of arbitration?
As with mediation, arbitration takes far less time and costs far less money than traditional litigation, and the results of arbitration are often kept confidential. Furthermore, the decision of an arbitrator is often legally binding.
What are potential drawbacks of arbitration?
You cannot appeal an arbitrated decision. In most cases, you do not have any recourse if the arbitrator makes a mistake of fact or law. You also do not have the right to a discovery process the way you would in a traditional trial, unless the arbitration agreement or arbitrator allows it.