Business Mediation Brings the Parties Together
During a business mediation session, the parties to a legal dispute and their attorneys meet with their mediator. A mediator is an unbiased third party, often a retired judge or experienced lawyer, and is chosen by the parties. Everything that happens during a business mediation is considered confidential moving forward.
A business mediator’s goal is to identify a way for the parties to reach a settlement. During a business mediation, the parties sit in different rooms with their lawyers. The mediator moves between the rooms to talk about issues in the case. He or she may discuss the facts, the legal issues, weaknesses or strengths of your case, proposed settlement amounts, terms of a settlement, and more. At some mediations, a mediator invites all the parties to sit in the same room for part of the mediation.
Mediators do not make binding legal decisions or force the parties into a settlement. The parties often participate voluntarily. Alternatively, judges sometimes order mediation to settle a lawsuit before proceeding to a costly, time-consuming trial. When you agree to business mediation, you agree to attempting to resolve your dispute with a mediator’s assistance.
The attorneys at Henke & Williams, LLP are well-versed in business mediation procedures, having successfully guided clients through the process. You need a business mediation lawyer who understands the process and how to use it to your advantage. No matter what kind of business dispute you have, consider business mediation with Henke & Williams, LLP as an option.
Business Arbitration – A Legally-Binding Alternative
Business arbitration is another commonly used alternative dispute resolution method. This method is more formal than mediation but less formal than court. During arbitration, the parties initially exchange information about the legal dispute (such as requests for documents and witness depositions). The rules governing the arbitration may substantially limit the amount of information exchanged or the time in which to do it, to speed up the process.
After exchanging information, the parties schedule an arbitration hearing. One or more arbitrators preside over the session, which is more like a trial than mediation. Usually, an arbitration hearing is less formal than court – often taking place in a conference room with less stringent rules for presenting your case.
During the hearing, the arbitrator reviews evidence provided by both parties and listens to testimony from witnesses. Afterward, the arbitrator makes a decision about the legal issues raised. Typically, the arbitrator’s decision is legally binding on the parties.
Sometimes, parties engage in arbitration because an arbitration clause in a contract requires it instead of or before going to court. Moreover, judges sometimes require parties to arbitrate. You and the other party to a dispute also can independently set up an arbitration session.
The lawyers at Henke & Williams, LLP understand how to represent their clients before arbitrators. If you’re looking for an alternative to court or your contract requires arbitration, consider our firm for legal advice.
Houston Lawyers Helping You Find a Practical Solution
Resolving disputes through business mediation or business arbitration is an option for many. At Henke & Williams, LLP, we guide our clients to the resolution method that best fits their unique situation. Don’t wait to seek legal advice about your business dispute – reach out to us right away. Call 713-940-4500 or use our convenient Contact Form to set up a consultation with Henke & Williams, LLP.
