When business disputes arise, finding a favorable resolution is our top priority. Our clients value the thoughtful, pragmatic approach taken by experienced business litigator Alex Gilanians. This approach begins with negotiation, arbitration and mediation, collectively known as alternative dispute resolution (ADR).
Because of the time and costs involved, even a successful litigation is not always the best legal strategy. We work closely with clients to develop the most effective plan to reach their goals with as little stress as possible. Although Alex Gilanians has an excellent court record, litigation is not always the first or the best solution.
Types of Alternative Dispute Resolution (ADR)
The most common form of an alternative dispute resolution is Arbitration and/or Mediation. Although arbitration and mediation both involve using a neutral third party to settle a dispute, they are not interchangeable processes.
Arbitration is when both sides agree to allow a neutral third party to determine the outcome of their legal dispute. Each side presents evidence and arguments before one or more arbitrators. The decision may be legally binding, and there is typically no right to appeal. Parties to a dispute can always agree to arbitrate their dispute before or even during litigation, or may be bound to arbitrate where there is an enforceable contract signed by parties requiring them to submit their dispute to arbitration.
Mediation, on the other hand, is a less formal process whereby an impartial mediator, selected by the parties, helps facilitate communication and negotiation between the adversarial parties with an eye towards finding a solution to their legal conflict, that may not always be black and white. Unlike arbitration, mediation is non-binding, and parties are not required to accept a decision by a mediator unless all sides agree. The advantage of mediation is that each side is in control of the outcome of a settlement by agreeing to it during mediation. At an arbitration, or even a trial, each side is at the mercy of a decision made by a judge, arbitrator or a jury.
Oftentimes, experienced business attorney Alex Gilanians can help clients use alternative dispute resolution to find a solution that is more favorable than costly litigation.
We also counsel clients on how to incorporate alternative dispute resolution like arbitration and mediation into company policies and contracts, to resolve commercial and internal matters without litigation.
Contact us for an arbitration/mediation consultation today
Let business attorney Alex Gilanians guide you through the alternative dispute resolution process. Click here to learn more about using arbitration or mediation to resolve your legal disputes.