The mediation process is designed to mitigate power imbalances between parties to ensure that the process remains as fair as possible. The mediator will manage discussions to ensure that both sides have an equal opportunity to present their views and concerns. They may also choose to have separate meetings with both parties individually so they can receive their full and honest stories. This can help balance power dynamics and not let that impact the final outcome.
Gainesville TX Mediation & Arbitration Lawyer
Dealing with an unexpected dispute in the middle of a real estate or commercial project can be extremely disruptive. The desire to resolve the matter as quickly as possible is often a shared objective between the two parties in disagreement. This is why many in the business tap into the experience of a Gainesville, TX, mediation & arbitration lawyer to maximize their chances of resolving all disputes fast and with purpose.
At Alagood Cartwright Burke PC, we have seen how frustrating it can be to bring real estate and commercial disputes to court. While it’s sometimes necessary, we do our due diligence to see if the mediation or arbitration process could be a better fit for our clients. If you are now facing the prospect of a trial for real estate or commercial disputes and would like to explore other legal services first, contact our firm today.
What Is Mediation and Arbitration?
Both mediation and arbitration are classified as alternative dispute resolution (ADR) methods. These were created out of the desire to offer contested parties a different way of fixing their heated disagreements without having to spend time and energy on taking the issues to trial.
Mediation and arbitration are very similar, but they do have their own distinctions. The mediation process brings in a neutral third-party individual who will mediate discussions between both parties and guide them toward reaching a mutually agreeable solution. The outcome of this is non-binding, which means that the parties will not be forced to accept a resolution.
Like mediation, the arbitration process also brings in a third-party individual to listen from both sides. They will then process everything they heard and make a final decision. Arbitration decisions are binding, which means that both parties need to comply with the outcome. There can be legal consequences for anyone who chooses not to abide by the resolution of their arbitration outcome.
The Advantages of Mediation and Arbitration in Texas
Some of the most compelling advantages of mediation and arbitration include:
Avoiding Litigation
Depending on how complicated your case is, a trial could last anywhere from months to years until a final outcome is reached. This can drain everyone’s resources and generate a lot of unnecessary legal costs. Fortunately, mediation and arbitration can prevent valuable time and money from being lost. This is because there is no requirement to wait for scheduled court dates, and both parties could potentially reach an agreement from their first or second session alone.
Cost-Effective
Depending on how fast you can come to an agreement through mediation or arbitration, the cost difference between these programs and trial expenses can be significant. The longer you spend in court, the more your legal bill goes up. While this could still be a valued investment for an individual who cannot reach a solution on their own with opposing counsel, disputed parties who are still able to talk and reason with each other can save a ton of money in ADR sessions.
Confidentiality
A court trial is a very public experience, which can be uncomfortable for real estate or commercial leaders. Many of these individuals don’t want private business information or details on their character out in the open for everyone to learn and judge. That’s why many in this space find the confidentiality component of mediation and arbitration sessions appealing. It allows them to discuss matters behind closed doors and keep the final outcome to just the stakeholders involved.
Flexibility and Control
For anyone who is looking to have more control of their outcome, mediation and arbitration still stand out when compared to court. This is because the traditional litigation process is much more rigid when compared to the structured yet flexible nature of ADR options. In mediation, both parties are able to choose the outcome as long as they agree. This isn’t the case in court, where the final verdict rests with the judge and jury.
Although arbitration might seem like you have less control because the final decision is binding, both parties will have more of an influence on this outcome than they would in court. It’s also important to note that both parties can choose who their arbitrator is. If they find someone with direct experience to handle the case, this can be really helpful for speeding the process along.
FAQs
What Is the Role of Discovery in Arbitration When Compared to Litigation?
Discovery in arbitration is seen as much more streamlined and flexible than in court, as both parties will need to agree on the scope and procedures for discovery upfront in arbitration. This can include how documents are exchanged, what depositions are necessary, and who should be interrogated. This process can be more limited, which saves time and costs. The arbitrator will oversee the discovery process to ensure that it is fair and discloses only what is necessary to reach a final outcome.
Can Mediation or Arbitration Clauses Be Included in Commercial Contracts?
Yes, you can add a mediation or arbitration clause in commercial contracts as a proactive measure to resolve any disputes that may arise. Having these clauses provides a predetermined path for dispute resolution, which can help avoid the unpredictable and expensive nature of litigated resolutions. However, if both parties satisfy this clause but are still in disagreement, advancing the case to court will be inevitable.
What Types of Real Estate Disputes Are Well-Suited for Mediation or Arbitration?
Disagreements over where property lines exist, what should be in a lease agreement, or any other conflicts that arise between a landlord and tenant could all be resolved through mediation or arbitration. These methods are attractive options for leaders in this space, as they allow them to share their points of view in a confidential setting without wasting extra time or money in court.
Contact Alagood Cartwright Burke PC Today
If you are experiencing a real estate or commercial dispute in Gainesville and you want to avoid court, contact the attorneys of Alagood Cartwright Burke PC today. We would be honored to take on your case and find the most private and effective way to resolve your conflict.
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