Wise County TX Mediation & Arbitration Lawyer

Wise County TX Mediation and Arbitration Attorney

Being a leader in the real estate or commercial sector can already be a stressful enough job without major disputes popping up between your colleagues. When this happens, you likely want a quick fix to get back to business as soon as possible. Fortunately, a Wise County, TX, mediation & arbitration lawyer can help to make this happen by guiding you through these alternative dispute resolution options.

At Alagood Cartwright Burke PC, we know that having to deal with these types of disputes can be a nuisance. It’s why we’ve designed our firm to prioritize alternative dispute resolution methods, like mediation and arbitration, rather than forcing our clients to take everything to court. If you are facing the possibility of a trial and want to see if you can resolve the matter through one of these methods, contact us today to learn more about our legal services.

What Is Mediation and Arbitration?

Mediation and arbitration are both programs designed to handle dispute resolution outside the courtroom. They are labeled as “alternative dispute resolution” methods and were created to save parties who can reach a resolution on their own from spending extra time and money in court.

While the terms “mediation” and “arbitration” are sometimes used interchangeably, there are some differences. Mediation is when a neutral third party steps in and facilitates conversations between all contested parties. Their intent is to thoroughly listen to both sides of the story and guide everyone to reach a mutually agreed-upon solution. The outcomes of mediation cases are non-binding, which means that they are not legally enforceable.

In a similar fashion, arbitration also brings in a third party to listen to all stakeholders involved. This individual is called the arbitrator. Like a judge, they will listen to everyone’s side of the story and issue a final decision. This decision is binding, which means that everyone must comply with the outcome or face penalties.

The Advantages of Mediation and Arbitration in Texas

There are several reasons why many in Wise County choose mediation or arbitration to deal with their real estate and commercial disputes. Some of these reasons include:

Avoiding Litigation

Litigating an issue in court could take anywhere from months to years until a final verdict is received. This can cause a lot of unnecessary financial strain. Both mediation and arbitration can prevent this from happening, as they provide an alternate platform to communicate your desires and interests without the process taking too long.

Between not having to wait for scheduled court dates and being mandated to participate in each step of the court process, these alternate options can significantly speed up your case.

Cost-Effective

Both mediation and arbitration can be much less expensive than litigation. These programs were designed to reduce legal fees, court costs, and all the other expenses that are associated with a prolonged court battle. This is achieved through the more informal nature of these processes, which have fewer procedural complications. This, in turn, reduces the overall expenses that will be incurred by both parties.

Confidentiality

Unlike court cases, mediation and arbitration are private sessions between the stakeholders involved and the single facilitator. Establishing this level of confidentiality can be extremely beneficial to those in real estate and commercial disputes, who may be worried about sensitive information being accessible to the public if they were to advance the case to court. The private nature of these sessions also encourages more open and honest communication, which can make the whole process go more smoothly.

Flexibility and Control

Both mediation and arbitration give both parties more control over the process and outcome of their case. This is because the final decision must be agreed upon by both parties, which is not a condition of court litigation. Although arbitration does issue a binding decision, both parties are allowed to select who their arbitrator is before the process begins. This is one example of how having more control of the process can lead to better outcomes that satisfy all involved.

FAQs

What Steps Are Involved in the Mediation Process?

There are a number of different steps involved in the mediation process, which can help everyone reach a mutually agreed-upon solution. Both parties will first select a mediator. They will then present their issues and engage in discussions. The mediator will facilitate these discussions and help both parties better understand where each other is coming from. All this is designed to help both sides eventually reach a solution that they are both comfortable moving forward with.

Can Mediation and Arbitration Be Used Together in the Same Dispute?

Yes, both mediation and arbitration can be used together in a process that is known as “med-arb.” This is a hybrid approach that will start with mediation to reach the agreed-upon solution. If mediation fails, the pending unresolved issues will be moved to an arbitrator to make a final decision. Med-arb combines the benefits of both processes, which can still be advantageous for individuals who are motivated to stay out of court.

What Happens If One Party Does Not Comply With a Mediation Agreement?

If someone does not comply with the results of their mediation agreement, there are a few options to use, depending on the circumstances of your case. If a mediation agreement is signed and formalized as an official contract, it becomes enforceable. This allows the compliant party to sue the non-compliant individual for breaching the contract.

Are There Specific Industries Where Arbitration Is Particularly Beneficial?

Arbitration can be beneficial in industries where special knowledge and quick resolutions are critical, like in the field of residential and commercial real estate. This can include disputes over construction projects, where there may be disagreements over details in a contract and timelines. Having the power to select an arbitrator with specific industry experience can help make sure that the final decisions are well-informed and relevant to the case.

Contact Alagood Cartwright Burke PC Today

If you are experiencing a real estate or commercial dispute in Wise County, TX, contact the attorneys of Alagood Cartwright Burke PC today. We would be honored to take on your case and see how we can help you reach a mutually agreed-upon solution that protects your privacy. We look forward to hearing from you and learning more about how we can use our resources to help your business.