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A third-party neutral (i.e., the “Mediator”) works with the disputing parties and their legal counsel (if any), to help identify and examine the particulars of the dispute, and the positions and interests of the parties, with an eye toward moving the parties toward creatively crafting a mediated settlement. The mediation process is confi
A third-party neutral (i.e., the “Mediator”) works with the disputing parties and their legal counsel (if any), to help identify and examine the particulars of the dispute, and the positions and interests of the parties, with an eye toward moving the parties toward creatively crafting a mediated settlement. The mediation process is confidential. If a mediated settlement is achieved, the components of the mediated settlement are reduced to a writing executed by the parties.
Arbitration is a private adjudicative process involving one or more Arbitrators. The parties in dispute present their case to the Arbitrators through witnesses and documentary evidence. At the conclusion of the presentation the Arbitrator(s) render a decision - which is called an “Award.” The Award may be a very basic finding in favor of
Arbitration is a private adjudicative process involving one or more Arbitrators. The parties in dispute present their case to the Arbitrators through witnesses and documentary evidence. At the conclusion of the presentation the Arbitrator(s) render a decision - which is called an “Award.” The Award may be a very basic finding in favor of one party over the other. Alternatively, the parties can elect to have a “reasoned” Award, in which case the Arbitrator(s) will set forth in detail the reasoning and authority used in reaching the decision resulting in the Award.
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