Arbitration and Mediation

Alternative Dispute Resolution (ADR) refers to any means of settling disputes other than through trial. The two with which we are involved are mediation and arbitration.

Mediation is a formal negotiation process using a neutral third party. In mediation, there is no “winner” or “loser” but the problem can be solved. Studies show that parties to a mediated agreement are more likely to comply with the agreement than with a decision imposed upon them by a judge or court. This may be because the parties take an active role in the process. Elizabeth A. Starrs is trained and experienced as a mediator. Her philosophy is to bring opposing parties together to resolve the conflicts confidentially and in a manner which allows the parties to “have their say.” Elizabeth “Booka” Smith has also recently become certified as a mediator.

Arbitration is a simplified version of a judicial process and usually arises when a contractual provision requires this method of resolving disputes concerning the contract and/or the relationship (e.g., employer-employee, buyer-seller, etc.) Arbitration can involve one (1) arbitrator or three (3) people who sit as an arbitral panel. The panel decides the facts and the applicable law in a dispute. Arbitration is usually binding, with limited appellate rights, but also can be non-binding if the parties agree.

Ms. Starrs is also trained and experienced in acting as an arbitrator as a sole arbiter or one of three on a panel to arrive at fair, even-handed decisions, made only after hearing all the evidence and applying the law. Arbitrations can be a preferred method of resolving disputes where confidentiality is paramount. Arbitration is growing in popularity because of increasing case loads in the courts, the perception that arbitration costs less than traditional litigation and the desire of some parties to have greater control over who will decide their dispute.

The bottom line as we see it: who better to mediate or arbitrate your dispute than someone who has been through the process as an advocate for more than 25 years and has experience as a trained neutral for 10?