When faced with a dispute, most of our clients want to avoid costly litigation. That’s why we offer Alternative Dispute Resolution services to negotiate and settle legal disagreements. We’ve found that clients gain better results when they turn to arbitration or mediation to find amicable solutions for both parties involved.
Mediation has been around for thousands of years. It’s a practice that helps two parties solve disputes over issues involving property, money owed, injury liability, compensation to name just a few. To come to an agreement or reconciliation, parties can hire a third-party mediator, a go between, that facilitate the discussion to find common ground and create a solution.
As a voluntary process, mediation is an option that allows you to retain the right litigate in case an amicable agreement can’t be reached. Mediation cannot force you to agree to a resolution. However, it is typical that parties make compromises to find a solution that mutually beneficial or satisfactory to both parties. Mediation only works if everyone accepts the agreement terms.
There are two critical factors to consider when seeking and hiring a third-party mediator:
1. Ability to facilitate a dispute and effectively communicate with both sides while keeping a neutral point of view
2. Legal experience in the area of law relevant to the dispute
Hanley Law has experience with all facets of mediation – representing both sides of a dispute as well as acting as mediator. We have helped find amicable solutions for disputes related in:
- Estate planning
- Real estate
Unlike mediation, arbitration is an adversarial procedure. An arbitrator acts a judge; they make a decision — issues an award — based upon hearing evidence and obtaining documents.
There are two types of arbitration: binding and non-binding. Non-binding arbitration enables you to appeal, bringing your argument to court for formal litigation. Binding arbitration is more restrictive. Parties cannot appeal and must abide by the arbitrator’s final decision.
An experienced and knowledgeable arbitrator, Hanley Law has represented both sides in a dispute. In addition, Dan Hanley has served as an expert arbitrator related to:
- Real estate law
- Estate planning
- Trust administration
- Probate administration