Mediation and Arbitration
Mediation & Arbitration
Mediation and arbitration are dispute resolution options often used as an alternative to litigation. Mediation is the process of using a neutral third-party to help two parties settle a dispute by willfully establishing a mutual resolution. In comparison, arbitration is using a private court and arbitrator, similar to a judge, to decide the outcome of the dispute that both parties must follow. These practices provide an alternative route for settling a dispute rather than relying on the court system.
Minnesota Construction Law Services advises and guides contractors through the mediation or arbitration process. Our clients are fully equipped to prepare and handle the details of mediation or arbitration cases to make it as quick as possible without disrupting your business.
HELPING YOU MAKE GOOD BUSINESS DECISIONS
What is our process?
We want to understand how you define a successful outcome. For transactional issues, what are the important issues that need to be addressed in the document we are drafting? For disputes, what is the desired resolution or outcome?
Step One: Learn your objectives and goals
For transactional, we draft a document that will achieve the desired outcome and reflect the client’s business. For disputes, we uphold the obligations stated in the contracts and/or determine reasonable remedies for issues not addressed in the contract.
Step Three: Craft the strategy
For transactional, what have the parties agreed to and has an agreement been reached on all the key issues? For disputes, we need to know whether the contract addresses the issue, how it was addressed, who’s at fault, and what damages resulted
Step Two: Understand your concerns and issues
Following the strategy developed with and approved by the client, we move to achieve the intended result. Whether drafting a document or resolving a dispute, we’ll keep you informed on how things are going so you can focus on your business.
Step Four: Implement the remedy
While mediation and arbitration are designed to accelerate the resolution process, as compared to litigating a dispute in court, if the contractor is not well prepared for the process it still risks spending a significant amount of time and money. MNCLS guides you throughout the entire process, from determining the best route to agreeing on a settlement that is in the best interest of your business.
MEDIATION AND ARBITRATION
We help you answer this question; this is a critical role that MNCLS provides when receiving a case. We listen to your story and examine the available options to recommend a strategy for solving the dispute using the resolution choices, as well as other routes, that will provide your business with the best overall outcome.
Since the options depend on the willingness of the parties involved, the timeframe is reliant on how cooperative each party is in settling the dispute. Frequently, however, mediation and arbitration lead to a quicker resolution than relying on the courts alone.
Over the years, mediation and arbitration have become increasingly more complex, sometimes causing it to become a costly option. This is why MNCLS takes the time to understand the case before advising what route or direction is best for your situation. We understand the benefits and drawbacks of using mediation or arbitration, therefore we provide insight on what route will save your business time and money.