The use of arbitration and mediation is gaining popularity in Kentucky due to their judicial efficiency in resolving conflict. Often these services can be a more time and cost effective way of resolving disputes. Arbitration and Mediation are both forms of alternative dispute resolution. Alternative dispute resolution means resolving a dispute without going to trial before a judge or jury.
Contact us to learn more about this area of practice.
Some of the more common types of Arbitration and Mediation are listed below:
Representation at Arbitration
The parties in a dispute being solved through the arbitration process have agreed to be bound by the decision of the arbitrator. The arbitrator is a third party that acts as the decision maker and whose decision is final and legally enforceable. Parties can voluntarily agree to arbitrate a dispute after it arises or can be involuntarily bound either through contract or statute to resolve their dispute through arbitration. Arbitration is often faster and less expensive way to resolve a dispute instead of going to trial although the downside is that the Rules of Evidence often do not apply as well as general discovery rules in most circumstances. Also, most decisions are final with extremely limited options for appeal.
It is important to have knowledgeable and effective legal counsel at an arbitration, since an Arbitrator’s decision is final with limited options for appeal and the issues at stake are often fiercely disputed and important to the parties. Though not required, entering into arbitration without proper legal representation can be extremely risky. If you would like to know more about arbitration or are facing dispute resolution through arbitration please contact one of our experienced attorneys by emailing LLO@RealLawKY.com or calling (502) 589-5855.
Service as an Arbitrator
If a party chooses arbitration either voluntarily or through contractual obligation then finding a decision-maker who will oversee the process fairly and efficiently is essential. Once appointed, the Arbitrator is not supposed to have direct contact with a party other than a hearing or conference call where all parties are present. If you are looking for an experienced, fair, and impartial Arbitrator and would like to speak with one of our experienced attorneys please contact us at LLO@RealLawKY.com or call (502) 589-5855.
Representation at Mediation
Mediation is gaining popularity in most areas of law, likely due to the amount of time and money that can be saved by avoiding a trial. In some areas of law, such as family law, counties require the parties to attend mediation in divorce and custody cases before they can even go to trial. Not all attorneys are familiar with the mediation process. It is a different process than a trial or arbitration. An attorney that is familiar with the mediation process provides several benefits. First, the mediator is often selected by the attorneys and selecting a good mediator can be the difference between resolving the case or having to proceed to trial. Second, an attorney that regularly mediates cases will be more familiar with the process and have several settlement and negotiation strategies. For more information about our representation at mediation please contact LLO@RealLawKY.com or call (502) 589-5855.
Service as a Mediator
M. Jason Lawrence offers his service as a mediator. After receiving his mediation training from Just Solutions in 2008, Jason has acted as mediator in mediations involving divorce, custody, child support, and parenting schedule modifications. If you are looking for a mediator for a family court case you can contact Jason at JLawrence@RealLawKY.com or call him at (502) 589-5855.