Mediation is a process whereby the parties to a dispute meet informally with a third-party mediator in an attempt to reach a mutually agreeable solution to their dispute. The person who serves as mediator is agreed upon by all parties to the mediation, so that no party can claim that the person was biased. Mediations can occur either before a lawsuit has been filed, or after the parties have already began litigating their claims. It is a helpful process that frequently results in the resolution of the parties’ dispute. Attorney Vincent Schindeler has attended hundreds of mediations since opening his firm in 1994 and is very experienced in the process.
If you are involved in any matter that is scheduled for Mediation or that should be set for a Mediation, please call the law office of Vincent E. Schindeler, P.A. at (954) 522-8686.
Arbitration clauses have become more common as businesses have attempted to reduce the costs of litigation expenses. Frequently, however, these clauses have the most detrimental impact upon the consumer. Arbitration clauses usually require a person to try their case in front of one or more arbitrators rather than in front of a judge or jury. In addition, the Rules of Evidence do not apply as strictly in an arbitration proceeding, resulting in the admission of evidence that might otherwise be excluded in a court trial. These provisions may save the business money, but they can cost the consumer his or her rights.
Arbitration and Mediation are often confused, but they are very different proceedings. An arbitration is a formal proceeding, and the dispute between the parties is tried in front of a third-party arbitrator, who, at the conclusion of the case renders a decision. That decision of the arbitrator is usually binding upon the parties and can easily be converted to an enforceable Final Judgment.
In contrast, mediation is an informal proceeding whereby the parties agree to meet in an attempt to reach a settlement agreement. If the parties cannot reach an agreement, an impasse is declared and the parties simply continue to litigate their claim. The mediator does not make any decisions and cannot compel any of the parties to resolve the claim.
Mr. Schindeler has arbitrated several disputes and is familiar with the different procedures that are involved. If you or someone you know is or may have an arbitration issue, please call the law office of Vincent E. Schindeler, P.A. at (954) 522-8686. We can help ensure that your rights are protected.
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