Lamb McErlane has numerous certified impartial arbitrators and mediators who assist parties to arrive at amicable solutions
Alternative Dispute Resolution (ADR) is a process for resolving conflicts without going to trial.
ADR procedures, such as mediation and arbitration, offer methods for resolving disputes outside traditional courtroom litigation.
ADR can be used in numerous situations, including:
- Employment and Workplace Disputes
- Civil or Commercial Disputes, Business Disputes
- Matrimonial, Domestic Relations, and Family Law Matters
- Government and Commercial Contracts
- Personal Injury, Automobile Liability and Professional Liability
- Commercial, Construction, and Business Ownership Disputes
- Appeals and Appellate Issues
Mediation and Arbitration
Meditation and arbitration are not the same, yet both are approaches to resolve disputes without going to court. They differ in the role of the third party and the final outcome.
Mediation
Mediation aims to settle disputes without litigation, creating a smoother, efficient, and more cost-effective process for all parties involved.
Mediation allows the assistance of a trusted impartial third party who works to support the disputing parties to reach a mutually acceptable settlement of their differences.
Mediators provide each side of the dispute with critical perspective but do not dictate the outcome. The mediator has no authority to make final decisions or force the parties to accept any suggestions the mediator might make to facilitate a settlement.
Mediators provide an impartial viewpoint and critical perspective to each side.
Lamb McErlane mediators will facilitate the negotiation of a settlement, but the parties must ultimately agree upon the terms. In the mediation process, the power remains entirely with the parties involved in the dispute. A mediator serves as the neutral point between opposing interests to ensure effective communication, and to moderate and guide to avoid confrontation and facilitate an acceptable solution.
The mediation process is held privately, and no part of the process or discussion can be used by or held against any party if the efforts to settle are unsuccessful and a trial or arbitration is needed. The goal of mediation is to reach an agreement that is acceptable to both parties.
Benefits of Mediation:
- The parties control the outcome, rather than a judge or other third party
- Mediation reduces expenses, speeds up resolution, and minimizes the emotional strain of traditional courtroom proceedings.
- Mediation promotes continued communication between the parties and encourages a future working relationship and a more amicable resolution.
- Mediation focuses on problem-solving and the resolution of issues that are important to all the parties.
Arbitration
Arbitration is the most established method of private dispute resolution. Unlike mediation, it follows a formal adjudicative process, meaning that the arbitrator renders a decision at the end of the hearing. Usually, this decision, called an Arbitration Award, is submitted within 30 days of the hearing, and is typically legally binding, subject only to a limited court review.
Lamb McErlane arbitrators will act as a neutral third-party. You will receive all the same benefits as the court system, without the inconvenience of multiple court appearances, lengthy litigation, or excessive fees. Arbitration offers an excellent alternative to the court system for parties who are unable to settle their disputes.
The arbitrator is an impartial individual chosen by the parties involved. During the arbitration process, briefs will be read, evidence reviewed and examined, and testimony will be heard before the arbitrator renders a decision. At Lamb McErlane we conduct proceedings where all admissible evidence is carefully reviewed to reach a final decision that resolves all disputes.
Arbitration Facts:
- Arbitration is more formal than mediation
- An arbitrator is a neutral third party
- An arbitrator hears evidence and makes a decision
- An arbitrator’s decision is typically binding
- Arbitration is similar to a court hearing or trial
Benefits of Arbitration:
- An Arbitrator may have specific expertise in the matter involved in the dispute, such as business valuation, taxes, real estate, family law, etc.
- The setting is private, confidential and less formal setting than a traditional trial, which can be intimidating and emotionally stressful
- The Arbitration hearing can be much faster and more time-efficient than formal trial proceedings which can be extended by the admitting of exhibits, certifying experts and meeting the needs of a court stenographer
- The parties and counsel can coordinate a specific date and time of the proceedings and not have to rely on a courts schedule
- Arbitration is often a cost savings
Lamb McErlane’s Mediators / Arbitrators:
Joel L. Frank – Commercial, Civil, and Business
Dawson Rich Muth – Personal Injury, Automobile Liability, and Professional Liability
Julie M. Potts – Family Law
James C. Sargent – Commercial, Construction, and Business Ownership Disputes
John J. Stanzione – Personal Injury, Automobile Liability, and Professional Liability
George C. Zumbano – has undergone mediator training through the American Arbitration Association. He has over forty years’ experience as a mediator and neutral arbitrator. George’s background in mediation / arbitration includes; personal injury, shareholder / partner disputes, employment and discrimination claims, business divorce cases, underinsured and uninsured motorist claims, professional malpractice cases; medical, legal, accounting, nursing homes, architects, investment advisors, brokers, real estate disputes, construction cases, stucco defect cases, estate and trust malfeasance claims, insurance coverage and bad faith claims, contract claims, ERISA claims, breach of fiduciary duty and fraud claims
Samuel McMichael – Commercial, Civil, Real Estate, Municipal, and Zoning
