Mediation & Arbitration

Moffatt Thomas is dedicated to helping clients avoid or resolve disputes as favorably, expeditiously, and economically as possible.  At times that representation is best accomplished by “alternative dispute resolution” (ADR), which encompasses mediations, neutral evaluations and arbitrations, among other practices.

Practice Profile

Moffatt Thomas is dedicated to helping clients avoid or resolve disputes as favorably, expeditiously and economically as possible.  At times that representation is best accomplished by “alternative dispute resolution” (ADR), which encompasses mediations, neutral evaluations, and arbitrations, among other practices.

To help you understand those concepts, the following is a brief explanation of the terms:

(a)       Mediation – Mediation is the intervention by a neutral third party to help parties come to a party-directed resolution of a dispute.  Mediators have no power to mandate a resolution, but a mediator can help parties find a mutually satisfactory way to resolve disputes before or after litigation begins.  The advantage of mediation over trial is that the parties resolve their own dispute, rather than having a third party (judge) or parties (jury) resolve it.  The resolution is generally more creative, less expensive to obtain (although the mediator has to be paid by the parties), and quicker than trial.  Most courts now require litigants to mediate a case before it can go to trial because of the high-volume case load most judges have; however, mediation can also be voluntary and can predate a suit being filed.

(b)       Neutral Evaluation – This technique also involves a neutral third party who, after reviewing information provided by the parties, offers his or her evaluation of what a case is worth in his/her opinion based on the evaluator’s experience.  This is also non-binding on the parties and is usually employed early in the case.

(c)       Arbitration – Arbitration is different.  An arbitration does result in a binding decision.  It is tantamount to a trial with a private judge(s) chosen by the parties.  Arbitrations can be less expensive than going through a trial and are generally resolved sooner than a trial.  Sometimes, if a lot of discovery is undertaken, the savings of time and money disappears.  Arbitrations are generally set up by contract and are governed by Idaho law and by the contract of the parties.  Arbitration decisions are usually final, as appeal of a decision is much more difficult than appealing a court or jury decision.

The attorneys at Moffatt Thomas can help you resolve your case through ADR, if that is in your best interest, in two different ways:

1.         If you are our client, we will do the work that is necessary to prepare your case for mediation or arbitration and will represent your interests to the utmost within the context of those practices.  It is important that we are prepared to represent you properly in a mediation or arbitration in order to obtain a good resolution and, therefore, there may be some discovery undertaken before a mediation or arbitration.

2.         If you are not our client, another way Moffatt Thomas can help you is by serving as a mediator, third-party evaluator, or arbitrator.  Attorneys at Moffatt Thomas are trained and experienced in the various techniques of ADR and are prepared to help parties resolve their differences without their having to undergo the often time-consuming, expensive, and emotionally draining experience of a trial by instead mediating, evaluating, or arbitrating your case.

News

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Resources

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