MEDIATION
Mediation is a more structured type of negotiation between parties, in which a neutral third party—the mediator—works with the parties in a dispute to bring them to agreement. Mediation can be voluntarily entered into by the parties to a dispute in an attempt to resolve a dispute outside of the courts. Mediation can also be mandatory, either through a mediation clause in a contract, or through a court order requiring mediation before the parties can be allowed to bring a case to trial.
Unlike private negotiations between parties, mediation is conducted under established rules. The rules established for mediation are often designated within a mediation clause in the contract. In a voluntary mediation, the parties may choose which set of mediation rules will govern the mediation.
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Mediation is often non-binding on the parties. “Non-binding” means that regardless of whether the mediation is required or voluntary, the parties are not required to accept the mediator’s decision if they disagree with it. However, mediation is sometimes designated as binding mediation, and may also be referred to as “mediation-arbitration,” or “med-arb.” This means that the parties in binding mediation are legally “bound” by the mediator’s decision, even if they disagree with it. Although a decision in binding mediation can be appealed, the grounds for appeal are very narrow, and consequently, most binding mediation decisions are never appealed.
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The Business Litigation team at Nichani Law Firm has extensive experience in representing businesses in
Alternative Dispute Resolution, including mediation. When Nichani Law Firm is representing your
company, we will always provide the powerful, effective advocacy necessary to meet your objectives.