Arbitration and Mediation
Under the right circumstances, alternative dispute resolution techniques, including arbitration and mediation, can bring litigation to a close quickly and with less cost and uncertainty than litigation and trial. Bush Ross attorneys have significant experience representing clients in mediation and arbitration, as well as in serving as mediators and arbitrators.
Arbitration can be binding or non-binding and is procedurally similar to a lawsuit, except that the process is designed to be more efficient and expeditious, with relaxed rules of discovery and procedure. In addition, arbitration is decided by a panel that is selected by the parties and can include one or more attorneys and/or industry professionals who are charged with the responsibility of deciding the dispute. Bush Ross attorneys have been selected to serve as arbitrators and have represented clients in arbitrations conducted in accordance with the rules of the American Arbitration Association and Financial Industry Regulatory Authority.
Mediation is another alternative to the traditional litigation process. Mediation can be voluntary or court-ordered and can occur at almost any stage of a dispute, even before litigation is filed. With mediation, the parties select a neutral third party who helps the parties to negotiate a resolution of their dispute. Unlike an arbitration panel, a mediator does not decide the outcome for the parties. Instead, the mediator uses his or her experience and neutral point of view to help the parties understand the strengths and weaknesses in their position in order to facilitate a resolution of the dispute without further the time, expense, and uncertainty of continued litigation. An experienced and effective mediator can provide a less costly and contentious solution to a dispute. Several Bush Ross attorneys have been certified as mediators by the Florida Supreme Court and various federal courts and have been retained to serve as mediators in a wide range of disputes.
Based on our knowledge and experience on both sides of the dispute resolution table, Bush Ross attorneys are well prepared to advise and assist our clients to implement such methods where they make sense.