Litigation is not the only way to resolve a legal dispute. Alternative dispute resolution, either by way of mediation or arbitration, is often a viable way of reaching a solution outside of the courtroom for those companies who need to find a forum to resolve a dispute. Doing so can save time, money, bad publicity, and lots of stress.
Whether navigating our clients through a mediation session or presenting a case to an arbitrator, the lawyers at the Katz Law Group have resolved many matters without the need for a traditional courtroom trial.
What is Mediation?
Mediation is a way of resolving a legal dispute without taking it to court. Both parties meet for what is essentially a settlement conference, presided over by a mediator. Each side presents their side of the story and explains what they think should happen. The mediator will then help the parties come to a mutually-agreeable resolution to their problems, either by advising the parties how a court would likely rule on the dispute, or by helping them find a good way to compromise.
Mediation is, by its very nature, non-binding. It offers the parties, with the assistance of a mediator, a more informal avenue to resolve a legal dispute. This alternative not only has the effect of saving a client the legal fees and expenses that are normally associated with trials, but it also offers the opportunity for the parties to arrive at creative solutions that may not be available through traditional litigation.
The Katz Law Group has handled hundreds of mediations. With their help, you can make an informed decision about whether mediation is an appropriate fit for your particular case. In several instances, the lawyers at the Katz Law Group were successful in not only resolving cases through mediation but also in maintaining the underlying business relationship between the parties.
What is Arbitration?
Arbitration is much more formal, falling between mediation and litigation. In arbitration, the arbitrator plays the role of a judge. Both sides present their case to the arbitrator, who then makes a binding decision that is usually not reversible on any appeal.
In this way, arbitration is like a less expensive and less formal type of litigation.
Arbitration can be required to resolve a dispute, if there is a valid arbitration provision in a contract. The parties to the dispute can also agree to resolve their differences through arbitration.
What Types of Cases are Suitable for Arbitration or Mediation?
Mediation and arbitration are especially effective for legal disputes that often arise in the business world. These disputes are more professional than personal, with both sides focusing on their bottom line. When no one wants the expense of a trip to the courtroom, mediating or arbitrating a legal matter becomes a far better option.
Some of the most common legal issues that are resolved through mediation or arbitration are:
- Business and contract disputes,
- Construction issues, like a builder's breach of contract,
- Commercial and residential landlord-tenant matters,
- Corporate litigation,
- Real estate issues, including commercial lease disputes,
- Commercial evictions, including evictions for failing to pay rent,
- Business litigation, especially those involving small businesses or businesses that are in the process of closing,
- Employment litigation issues, and
- Breach of contract
The Katz Law Group Advocates for Clients in Mediation or Arbitration
If you think that mediation or arbitration may a good way to resolve a business dispute, call the Katz Law Group at (508) 480-8202 or contact them online today for a consultation. They represent clients throughout Massachusetts, including in Worcester, Framingham, and Marlborough.