Arbitration and Mediation
Arbitration and Mediation are used in, and are often essential, in many different circumstances including solving disputes. It is most often used when disputing parties work with a neutral third party, also known as the arbitrator or mediator, in order to resolve disputes, discrepancies, and other points of contention. The arbitrator or mediator is there to help the disputing parties find a common ground as they interpret concerns, relay information between the parties, frame issues, and define the problems of the parties. At Heritage Law our team predominantly works with settling disputes concerning Elder Law and Disabled Adults within Northern Nevada.
WHEN TO MEDIATE OR ARBITRATE
Mediation is a completely voluntary process that is commonly used in small claims disputes, as well as contract disputes, housing disputes, neighborhood disputes, and family law disputes. For an example of a case requiring mediation, imagine that there is a neighbor with dog that will often stray onto your lawn. Though you may have already spoken with your neighbor, the situation continues and your neighbor doesn't appear to be taking any action. At this time you may choose to bring in a mediator between the two parties to try and work something out.
When disputing parties are unable to come to an agreement, some clients may choose to escalate to arbitration. Arbitration is not voluntary and the arbitrator acts more as a judge, though a decision will usually be made without actually going to court. The arbitrator helps the two disputing parties come to a decision, and an arbitration case will not be over until a final decision is made.