Mediation and Arbitration
Because of a backup of cases in the courts, there’s a much greater emphasis on having claims tried through alternative dispute resolution (ADR) methods, including arbitration and mediation. However, there’s a significant difference between these types of cases and trying a lawsuit in court.
The decision to include in your transactional documents an arbitration clause is an important consideration to be reviewed and understood in detail. Arbitration is often favored, but that decision is wholly dependent on the nature of your business and the nature of litigation that would likely arise in your industry.
Ken Culbreth has successfully represented a large number of high-profile businesses in mediation and arbitration. He fully understands the goals of arbitrators and mediators in resolving these matters. However, whether in court, mediation, or arbitration, his No. 1 priority is to provide you full recovery and protection of your interests in the most cost-effective manner.
Arbitration and Mediation Defined
Both arbitration and mediation are tools to resolve disputes without going through litigation. However, arbitration and mediation are very different processes and should not be confused.
Arbitration is a method of dispute resolution between parties where a third-party neutral (called arbitrators) make a final decision disposing of the matter. The parties typically agree to the appointment of the arbitrator, conduct a hearing before the arbitrator and the arbitrator’s decision (called an award) at the completion of the hearing is binding on the parties (like a judgment from a court).
Mediation differs from arbitration in that the mediator does not make the final decision or adjudication on the matter. Instead, the mediator’s role is to assist and guide the parties toward a resolution/settlement of the dispute. This method of dispute resolution is an effort to resolve the dispute without having the decision of disposition made by a jury (a verdict), a judge (a judgment) or an arbitrator (an award).
Experienced Arbitration And Mediation Lawyer
While extensive usage of arbitration and mediation to resolve cases is relatively recent, Mr. Culbreth has appeared for parties in both mediation and arbitration settings well over 200 times in the past 30 years with very favorable results.
While arbitration’s and mediation’s are alternative dispute resolution methods, Ken Culbreth arbitrates and mediates cases with the same level of effort and preparation as cases tried in court. He understands that ultimately not only the outcome of arbitration and mediation affects your bottom line, but also the cost to obtain the protection of you or your company’s needs and recovery.