Helping You Reach Fair Agreements Out Of Court
In many cases, disputes do not need to involve costly and inefficient court battles. Instead, business owners and individuals can work through the problem with mediation or arbitration. Many written agreements require parties to engage in formal or informal dispute resolution as an alternative to rushing to the courthouse; be it arbitration, negotiation or mediation, we can help.
At Kelsey & Hickey, PLLC, we are devoted to solving your problem — no matter which approach we might use to achieve your goals. Alternative dispute resolution methods can be highly productive with one of our skilled lawyers at your side.
Alternative Methods Can Protect Privacy And Finances
Both business owners and private individuals alike can take advantage of the benefits from mediating or arbitrating a conflict. Keeping matters out of the public venue of a Texas courtroom allows each party to conduct the resolution of the dispute in a more confidential process. These methods usually yield a conclusion to the matter much more quickly than protracted litigation and are therefore usually less expensive and less time-consuming.
Which Method Is Right For Me?
When two or more parties are unable to agree to terms amongst themselves, they have three main options to help: mediation, arbitration and litigation. Each process calls upon an external party to assist, but only litigation happens in a formal court setting.
In arbitration, you and the other party select a neutral arbitrator, whose role is like that of a judge. The arbitrator will hear the facts and arguments of each side before coming to a binding decision that both parties must accept.
By contrast, the mediation process is more flexible. A mediator’s job is to help the parties resolve the dispute with a set of agreed upon terms, which allows the parties to maintain control over the outcome. Mediators are not judges and do not rule on the issues, but they will listen to each party’s set of the facts and their arguments to help make recommendations and aid discussion. The mediator does not force a decision upon the opposing parties.
What Happens If Mediation Or Arbitration Fails?
Fair negotiation is not a one-sided process. If another party is unwilling to compromise or respect your rights in mediation, we are ready to advance the issue in court. Our lawyers will help to protect you against sacrificing your rights.
However, arbitration is not easily reversible in court later. Litigation is not typically available as a secondary plan. For this reason, you should carefully discuss each option with your attorney.
Our attorneys regularly not only represent clients in mediation and arbitration, but also often serve as mediators and arbitrators, whether by agreement of the parties involved or by order of the judge overseeing the case involved.