Considering Arbitration or Mediation?

Let our Juneau and Anchorage Injury Attorneys Help

In addition to successfully litigating cases for our clients, the attorneys at Dillon & Findley, P.C., help clients to engage in successful arbitration and mediation. Litigation may not always be the answer for every client, and we provide our clients with other options to resolve their conflicts and meet their needs. Before our Juneau or Anchorage injury lawyers will send our clients to this alternative resolution, we will review their case and determine whether arbitration or mediation is appropriate.

Arbitration and mediation are two types of Alternative Dispute Resolution (ADR), a method used to resolve conflicts outside of lawsuits and courtrooms.  The arbitrators and mediators are neutral third parties that have no interest in the proceeding’s outcome. A study by the Alaska Judicial Council found that in 87% of mediated cases, parties reached agreements about some or all the issues and that 91% of those mediation participants were satisfied with the agreements they reached.

Arbitration is a binding dispute resolution process that can only be challenged if a procedural error was made. The arbitrator, an attorney or retired attorney, listens to the parties, the parties’ arguments, and the parties’ claims. He or she then renders an award that decides the case. Once the arbitration is over, the arbitrators’ decisions are final. To appeal an arbitrator’s decision, you must file a motion to vacate within three months or less of the decision.

Mediation, unlike arbitration, is a non-binding resolution process. Mediation involves a neutral third party who facilitates and helps the disputing parties to reach a solution that satisfies everyone involved. The mediator does not determine the outcome of the case nor does he or she provide any legal advice.

Mediation and arbitration are not right for every case. Significant considerations include the seriousness of the dispute and the amount of money that the dispute involves. Arbitration and mediation may not be a good option if the dispute involves a significant amount of money, or if either side appears unwilling to negotiate.

An experienced Juneau and Anchorage personal injury attorney at Dillon & Findley, P.C. works with our clients to reach satisfactory resolutions of their personal injury and medical malpractice disputes. If you would like to retain a mediator or arbitrator and begin the arbitration-mediation process, contact an attorney at Dillon & Findley, P.C. today.