Los Angeles Alternative Dispute Resolution Attorneys

Litigation in California, and throughout the nation, can become a very stressful and time-consuming process. In these cases, resolving the dispute in an alternative way, such as mediation or arbitration, is a much better fit for the person. Whenever workers in the Los Angeles area find themselves facing a potentially stressful dispute resolution, they need to know where to find an experienced alternative dispute resolution attorney who can navigate them toward a successful result. If you are facing legal entanglements but wish to avoid a lengthy litigation process, contact our team of Los Angeles alternative dispute resolution lawyers at Mathew & George to help you explore your options. Reach out to us today for a free consultation about your case and see how we can help guide you through the process.

What Are Alternative Dispute Resolutions?

In certain situations, the parties in a lawsuit may wish to avoid a trial for a number of reasons. Litigation is time-consuming and often requires waiting weeks or months before necessary hearings and proceedings can take place. Litigation is also expensive for all parties involved in most cases, and a plaintiff may not see much of a compensation award if it is eaten up in legal fees after the trial. Additionally, trials are public knowledge, and some parties may wish for their legal entanglements to remain private.

For these reasons, individuals often seek alternatives to litigation – like alternative dispute resolution. There are two methods of alternative dispute resolution, both of which introduce a neutral third-party to act as an intermediary between the two sides. This mediator will allow both sides to plead the facts of their case and offer their interpretations of events.

Los Angeles Mediation

Mediation is a non-binding form of alternative dispute resolution. More often than not, mediation will run alongside litigation, and the two sides of a dispute will attempt to privately negotiate a fair settlement. Mediation is a popular choice because it does not necessarily need to reach an outcome – it may simply help both sides see the validity of their claims and clarify the dispute in a new light.

In most mediation proceedings, both sides will continue to negotiate and present their cases in good faith until either or both parties determine that no agreeable solution can be obtained in this manner (or that it is reasonable to assume continuing would prove futile). If you think that mediation may help move your situation along faster toward an agreeable solution, enter into a pre-mediation contract with your opponent.

These contracts exist to allay concerns for both sides. A pre-mediation contract typically dictates that the mediation is non-binding and confidential. Whereas litigation enters public knowledge, mediation remains confidential so long as the pre-mediation contract dictates confidentiality. The contract will also include the intended duration of mediation and acceptable conduct for both sides. Perhaps the most important thing to remember about mediation is that the result is non-binding; either side may still wish to pursue litigation after mediation concludes.

Arbitration Process in California

While mediation is a more relaxed and non-binding method of alternative dispute resolution, arbitration is essentially a sped-up trial with a binding resolution. The parties involved select an arbitrator (or arbitrators) who acts as a neutral third-party. Most cases involve a panel of two or more arbitrators, and they determine a resolution by popular vote.

Similar to mediation, during the arbitration process, both sides will present their cases and attempt to reach a mutually equitable solution. However, once negotiations and hearings have concluded and the arbitrator (or panel) delivers a ruling, that ruling is binding – and the ability to overturn it is very limited. More often than not, an arbitration ruling will dictate that the case cannot be pursued in litigation ever again.

If you opt for arbitration, it is also important to remember that the objectivity of the arbitrator or arbitrators must be carefully weighed. Your attorney should be able to help you evaluate whether an arbitrator is truly impartial or will inherently favor one side over the other due to personal interests. Additionally, arbitration is private, and some claim that arbitration makes it easier for the ruling process to be diverted or tainted.