Approved Dispute ResolutionApproved Dispute Resolution2024-03-17T13:57:21Zhttps://www.approvedmediation.com/feed/atom/WordPress/wp-content/uploads/sites/1503235/2022/10/cropped-ADR-site-icon-32x32.pngOn Behalf of Approved Dispute Resolutionhttps://www.approvedmediation.com/?p=480632024-03-17T13:57:21Z2024-03-17T13:57:21ZMinimal disruption
Court trials can be lengthy and unpredictable, often causing significant disruption to the parties involved. In contrast, binding arbitration typically proceeds more efficiently, with streamlined procedures and a quicker resolution timeline. This minimizes the disruption to businesses, individuals and other entities, allowing them to focus on their core activities rather than being tied up in prolonged legal proceedings.
Privacy
Without the public nature of court proceedings, binding arbitration offers parties a level of privacy and confidentiality that may be desirable, especially in sensitive or business-related disputes. Unlike courtroom trials, which are generally open to the public, arbitration hearings are conducted in private settings. This confidentiality can help protect sensitive information from becoming part of the public record, preserving the reputation and proprietary interests of the parties involved.
Finality
Decisions made through binding arbitration are typically final and binding on the parties involved. Unlike court judgments, which can be subject to lengthy appeals processes, arbitration awards are usually not subject to appeal except in very limited circumstances, such as instances of fraud or misconduct. This finality provides certainty and closure to the dispute, allowing the parties to move forward with confidence in the resolution reached.
Expertise
In arbitration, parties have the opportunity to select arbitrators with expertise in the subject matter of the dispute. This allows for the resolution of complex issues by individuals who possess specialized knowledge and experience relevant to the case. By choosing arbitrators who understand the intricacies of the industry or legal principles involved, parties can have greater confidence in the fairness and accuracy of the decision rendered.
Third-party neutrals are crucial to helping ensure fairness and impartiality in arbitration proceedings, as they don't have any vested interest in the outcome of the dispute. They can evaluate the evidence and arguments presented by both sides objectively, helping to reach a fair and equitable resolution.]]>On Behalf of Approved Dispute Resolutionhttps://www.approvedmediation.com/?p=480622024-02-29T20:23:04Z2024-02-29T20:23:04ZLitigation and mediation
Both mediation and litigation share the goal of dispute resolution, but they’re fundamentally different in their approach, cost, duration and impact on relationships.
Litigation is the traditional method of working through the court system to resolve a dispute. It involves at least one party (plaintiff) suing at least one other party (defendant). Litigation can be costly and time-consuming. Furthermore, the adversarial nature of litigation can harm relationships.
Conversely, mediation is a non-adversarial process where a neutral third party, known as the mediator, assists a landlord and tenant (along with their legal representatives (in reaching an agreement. The mediator facilitates communication, encourages understanding between the two parties and keeps the focus on the issue at hand.
Many times, landlord-tenant disputes arise from misunderstandings or miscommunications. With a third party neutral to guide the conversation, both parties can express their concerns and understand each other’s perspectives.
The mediator isn’t there to take sides or make judgments. Instead, they help to identify possible solutions. Furthermore, unlike litigation, where a judge or jury makes the final decision, mediation allows for a more creative problem-solving approach designed to satisfy both parties’ interests.
While mediation may not be suitable for every landlord-tenant dispute, it can be a cost-effective alternative that helps landlords and tenants resolve their conflicts more amicably for many.]]>On Behalf of Approved Dispute Resolutionhttps://www.approvedmediation.com/?p=480602024-02-15T17:50:17Z2024-02-15T17:50:17ZFlorida is a highly diverse state. Residents come here to live and work from all over the world. For many of them, English isn’t their native language. Some are more fluent in it than others.
How fluent a person becomes in spoken and written English after they move here often depends on how necessary it is to their job. Even for those who speak, read and write English well, when it comes to dealing with a legal matter, they may feel more comfortable having an interpreter to help ensure that they fully understand what they’re being told and to make sure that nothing they say or agree to is “lost in translation.” That’s particularly crucial because many legal terms aren’t even familiar to those not in the legal profession, even in their own language. That’s why interpreters and translators (including American Sign Language or ASL interpreters) are required if requested throughout the justice system.
Can you request and receive an interpreter?
The Florida Supreme Court has ruled that interpreters must be provided when requested for court-related proceedings. The Florida Rules for Certification and Regulation of Interpreters includes mediation and arbitration in its definition of “court-related proceeding.”It’s critical that all parties to the mediation be able to understand and participate in the process on an equal footing. If one party can’t do that if the mediation is conducted solely in English or if they’re not provided with the assistance of an interpreter, then they should insist that they have one. Some interpreters undergo training in specific areas so that they can accurately interpret medical, legal and various technical terminology that might be unfamiliar to many professional interpreters.Don’t wait until you’re in the middle of mediation or any kind of alternative dispute resolution to realize that you need an interpreter, and don’t expect the mediator to do it for you. That’s not their job. It’s crucial to make your needs known to protect your rights and interests in the case.]]>On Behalf of Approved Dispute Resolutionhttps://www.approvedmediation.com/?p=480592024-02-02T13:53:09Z2024-02-02T13:53:09ZWhen a legal dispute arises, the first thing that many people do is hire a lawyer or attorney to represent their issues and counter any legal advancements for others. A lawyer or attorney often dedicates their time to building a case for their client and advising them on legal decisions. However, litigation isn’t always preferable, especially when legal action might strain the relationship between two people in a business.
There are a lot of reasons a dispute might happen in a business. There could be an interpersonal issue between executives or the interpretation of a contract may be misconstrued. Conflicts like these must seek some kind of resolution so that a business can return to its operations uninterrupted. One way this can be done is by trying an alternative dispute resolution. Alternative dispute resolution (ADR) can resolve an issue and seek a resolution that works in favor of both parties with the help of a mediator or arbitrator as a third-party neutral. Here’s what you should know about third-party neutrals:
What does a third-party neutral seek out?
A third-party neutral does not seek to win a case by taking one side of a conflict. Instead, as a third-party neutral, a mediator or arbitrator takes both sides of a conflict in hopes of finding a solution. This is often done by understanding the narrative from both parties, learning how a conflict started and creating a legal alternative.One of the reasons why businesses seek ADR is because litigation can quickly become expensive and time-consuming. Litigation may not guarantee that a party will win a case. Furthermore, when it comes to a business dispute, ADR can help maintain business relations by resolving a legal conflict without the need to complicate the matter in court. Alternative dispute resolution can be a stress-free, cost-effective legal option to resolve a business dispute. By reaching out for legal help, you can learn about more of your options to resolve a business dispute.]]>On Behalf of Approved Dispute Resolutionhttps://www.approvedmediation.com/?p=480562024-01-20T01:10:11Z2024-01-20T01:10:11Zthe parties' agreement.
Binding arbitration means that the arbitrator's decision is final and enforceable by law. Neither you nor the other party to the dispute can appeal or challenge the decision in court unless under exceptional legal grounds, such as fraud, bias or lack of jurisdiction.
For non-binding arbitration, the arbitrator's decision is not legally binding and can be rejected by either party. As such, you can proceed to litigation if you wish or try to negotiate a settlement based on the arbitrator's decision.
The pros and cons of each approach
Each option features a unique set of advantages and disadvantages. For instance, binding arbitration concludes with a final, legally enforceable decision that the parties involved must adhere to. This finality offers a complete resolution and reduces the likelihood of prolonged legal battles. However, it also means giving up your right to a trial, where a judge or jury can review the arbitrator’s decision.
Non-binding arbitration, on the other hand, provides a more collaborative approach. The arbitrator's decision is more of a recommendation than a mandate, allowing the disputing parties to explore alternative solutions. The downside of non-binding arbitration lies in its lack of enforceability. If one party disregards the arbitrator's recommendation, the dispute may persist, necessitating further legal action to achieve a resolution.
Factors to consider when choosing between the two
The choice between binding and non-binding arbitration ultimately comes down to the particulars of your situation. The complexity of the dispute, individual preferences, the desired level of finality and the willingness to cooperate are some factors that can help you make an informed decision. Reaching out for legal guidance for an informed assessment of your dispute can help you choose the most suitable option aligned with your unique circumstances and help you to protect your interests along the way.]]>On Behalf of Approved Dispute Resolutionhttps://www.approvedmediation.com/?p=480552024-01-10T02:59:07Z2024-01-10T02:59:07ZShuttle or caucus mediation could be an option
Mediation would not work well if it devolved into a shouting match, which is why there is more than one approach to the process. The most efficient style of mediation involves having everyone sit down together to discuss the situation at length. However, what is efficient is not necessarily a realistic option in every case.
If intense emotions would likely derail attempts to amicably resolve a business dispute, keeping the parties separate could lead to a faster and more effective solution. During caucus or shuttle mediation, the parties seeking to resolve a dispute stay in separate spaces. The mediator goes back and forth between them to try to facilitate communication and compromise.
They ask questions and relay information in the hopes of prompting an amicable resolution to the matter, but the separate settings can help minimize how much emotions influence the outcome. The neutral third party's ability to defuse tension and promote calm communication could lead to a successful resolution of the dispute between the two parties.
Despite what people often assume, mediation can be a viable solution even when either of the parties involved in a business dispute has strong feelings about the matter. Overall, mediation can be faster, more private and more cost-effective than litigating disagreements between businesses and employees or two companies.
Exploring every option for dispute resolution may help executives and business owners minimize the harm caused by a conflict or contract breach.]]>On Behalf of Approved Dispute Resolutionhttps://www.approvedmediation.com/?p=480542024-01-04T18:43:50Z2024-01-04T18:43:50ZEmployers have a duty to ensure they comply with all required laws related to employment. Employees have the right to take legal action to get what they’re due under the law.
Some companies use employment contracts to govern the relationship between the business and employees. Having an arbitration clause in the employment agreement is beneficial because it keeps the matter out of open court.
Arbitration varies from case to case
When there’s a mandatory arbitration clause in the employment contract, that’s what will happen to resolve the matter. If there’s not a mandatory arbitration clause, it’s up to both sides to agree that they’ll go through arbitration. During the arbitration process, both sides can tell their side of the matter. These sides are weighed against the applicable laws so the arbitrator can make a determination about what must happen.Some areas where arbitration may help to resolve employment disputes include:
Compliance with contract terms
Wage and hour complaints
Issues with workplace conditions
It might also be possible for other issues to be resolved in this manner, but it depends on the situation. Typically, arbitration is binding, so both sides will have to comply with the decision of the third-party neutral. It is possible to appeal these decisions, but the process usually results in a mutually agreeable decision. Working with a third-party neutral who’s familiar with the labor and employment laws in your area is beneficial. They can work toward a suitable resolution that enables businesses to close out these problematic employment matters without having to go through a long litigation process.]]>On Behalf of Approved Dispute Resolutionhttps://www.approvedmediation.com/?p=480472023-12-20T14:53:19Z2023-12-20T14:53:19ZIn some cases, business owners will feel concerned that employees believe they’re being treated unfairly. Maybe the employee has complained about being discriminated against or harassed on the job. The owner of the company just wants to find a resolution as quickly as possible to avoid any serious litigation.
One potential option is to work with a third-party neutral. This person can help both sides come to a solution. They are not necessarily representing one side or the other, but simply helping them both through the process of communicating about the issue and exploring potential solutions.
How microaggressions make things complicated
One area in which this may help is if the employee claims that they are the victim of microaggressions. These are often minor issues, like jokes or offhand comments, but they speak to a much greater problem – like systemic racism.For example, perhaps coworkers make jokes about the way someone talks because English isn’t their first language. Or, conversely, maybe people compliment them on how well they speak English, implying that they’re surprised that they’re even able to do so. Comments like this can create a hostile work environment.But the issue is that other employees may not even realize what microaggressions are or how damaging they can be. They do not understand that they are making the other employee feel discriminated against and marginalized.In a situation like that, a third-party neutral could sit down with both sides, explain discrimination laws, define microaggressions and help them come to a solution that satisfies both people. Things do not necessarily have to escalate to litigation, which can save time and money. It’s important for everyone to know what options they have.]]>On Behalf of Approved Dispute Resolutionhttps://www.approvedmediation.com/?p=480442023-12-09T15:51:51Z2023-12-09T15:51:51Zattend non-binding arbitration before a hearing in open court.
Arbitrators do not have the authority of a judge
An arbitrator can make important suggestions about resolving a conflict, but they do not have the same authority to decide matters as judges do when litigation is playing out. The requirements for arbitrators typically include formal legal training if not licensing as an attorney. Many arbitrators are lawyers, and some of them are retired judges. However, they do not have the same authority as a judge during arbitration.
An arbitrator needs to understand the law and must also be able to remain neutral when evaluating a situation. To a certain degree, the arbitration process is similar to litigation. Both sides have an opportunity to present evidence and testimony from witnesses or experts. They may develop their claims based on their understanding of Florida state law.
The arbitrator must hear both sides of the situation and then determine what is appropriate or fair. Arbitrators can help resolve disputes about employment contracts and disagreements between clients and construction firms. Still, they do not have the same authority that a judge does.
An arbitrator cannot compel one party into certain actions. Even in binding arbitration, the decision reached or the agreement signed would still likely require court involvement for legal enforcement. An arbitrator can help uncover details about a case and suggest an appropriate resolution. Their decision may reflect what would likely be the outcome of litigation where a judge hears the same case.
It is crucial that people understand that an arbitrator is not the same thing as a judge. Parties embroiled in a dispute who successfully complete arbitration may resolve their disagreement without ever needing to go to court. Considering alternative dispute resolution options may help people settle a disagreement without involving a judge.]]>On Behalf of Approved Dispute Resolutionhttps://www.approvedmediation.com/?p=480432023-12-06T19:33:57Z2023-12-06T19:33:57ZWhen you run a business, occasional conflicts with other parties – including suppliers, vendors, employees, contractors and other business entities – are inevitable.
Conflict actually has the potential to provoke change and growth, but that’s only true when the conflict is constructive, not destructive.
What’s the difference between destructive vs. constructive conflict?
Destructive conflicts are marked by personal hostilities, a focus that’s solely on personal interest and a lot of negativity about the potential for a fair or amicable resolution. This kind of conflict can escalate quickly and lead to serious reputation and organizational damage.By comparison, constructive conflicts are characterized by a positive outlook and a cooperative approach where disagreements are addressed with the goal of finding solutions that benefit everyone.
How can mediation shift the tone of your disagreement?
Mediation starts by identifying the underlying issues that contribute to the conflict. That might be any combination of personal disputes, differing goals or miscommunication. The mediator, as a third-party neutral, can then shift the focus from “the blame game” toward a collaborative approach that’s focused on “finding a way to resolve the problem.”Mediation empowers both sides to be active participants in the solutions by creating a safe and confidential space for negotiations. Once both sides realize that they can each contribute to a solution (rather than having a resolution imposed from above) they may take ownership of the problems and become more committed to ending their conflict.One of the most significant advantages of mediation is its ability to preserve business relationships and create a foundation for future collaborations. Maintaining your company’s relationships can be crucial for your long-term success.]]>