Oregon Independent Arbitrator and Mediator
Arbitration and mediation are two alternatives for dispute resolution and are used instead of going through the litigation process.
Litigation can prove to be time-consuming, costly, and may not be the best way to resolve disputes. Our attorneys can use arbitration and mediation as an alternative. Choosing between arbitration or mediation depends on the context and situation. The difference between the two lies in their role and whether the agreement or judgment is binding.
At Miller & Hopp Attorneys at Law, we understand that the traditional litigation process has drawbacks when it comes to seeking resolution for certain disputes. In these situations, we may recommend arbitration or mediation as an alternative.
Arbitration vs. Mediation
The principal difference between arbitration and mediation is the process used to resolve your conflict. Either option will help you solve a legal issue outside of the traditional court process; however, they use two distinct methods.
- Arbitration – this is typically a binding method that replaces the full trial process with various chosen people to work as judges in your case. It is generally administered by a panel of arbitrators who make decisions about the evidence and give written opinions which can be binding or non-binding.
- Mediation – a non-binding process usually accompanied by a single mediator who does not judge the case but facilitates conversation and eventual resolution of the conflict.
Mediation and arbitration are similar in that they are alternatives to litigation. Both methods use a neutral third party to supervise the process.
Depending on the situation, arbitration or mediation offers companies a private, more natural way to settle disputes. While both processes seek to resolve disputes outside of the courts, arbitration operates more like a formal court with the arbitrator acting as a judge. With arbitration, the ruling is final and binding.
Arbitration and Mediation Attorneys
A lawsuit can be a frustrating solution when two companies get in a dispute. Litigation can drag on for years without resolution and cost both parties thousands, sometimes millions, of dollars. The process can be so bitter that, for many companies, they can never trust each other or work together again. Unfortunately, many profitable business relationships have ended this way and have led to bad publicity, costing even more.
Some of the most common types of disputes that are settled by arbitration include:
- Failure to supervise
- Breach of fiduciary duty
- Breach of contract
- Omission of facts
- Unauthorized trading
Miller & Hopp Attorneys at Law have extensive experience arbitrating claims including, but not limited to, employment, business, commercial litigation, and partnership disputes. We approach the arbitration process with meticulous preparation and client involvement. This method requires high-level execution with the focus on obtaining a favorable result. We weigh the advantages and anticipate the consequences of a particular decision that can affect your business or you individually.
We have the legal experience needed to arbitrate or mediate your case! Contact Miller & Hopp Attorneys at Law at (541) 948-8830.
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