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Arbitration / Mediation Hybrid Defined:
In cases of non-binding arbitration, an arbitration/mediation hybrid process can be utilized to further assist the resolution professional in helping the parties reach a mutually acceptable settlement.
The process typically sets an expectation that the case will probably be pursued to the point of a decision by an arbitrator, but if the circumstances seem favorable, the parties are ready to mediate.
The parties are willing to engage in the hybrid process is because they believe that the forum provides the necessary elements to enact more than one process with a consequent savings of the time and expense.
How the combined process works?
- The Arbitrator hears the entire case and communicates an opinion to the parties.
- The Arbitrator acts as a Mediator who assists the parties with negotiating their settlement.
- The mediator prepares the settlement agreement, which is then executed by the parties.
- Should negotiations reach an impasse, then the Arbitrator renders an opinion within 10 days from last hearing date.
How does the Arbitration/Mediation Hybrid
benefit you?
- The Parties receive an independent opinion which they would not receive in a mediation alone.
- The parties maintain their the right of appeal.
- Parties have provided the arbitrator/mediator with the basis to assist them in a meaningful discussion of the issues.
- Alleviates the time necessary to attend two different proceedings.
- Our professionals have the ability to distinguish between making the legally correct decision in a matter and the practical decisions made in mediation based upon equitable and/or legal issues.
How do our professionals help?
- Provide the extra "kick" necessary to settle more difficult cases.
- Utilize the facts and circumstances of the case to avoid deadlock in the mediation.
- Our professionals can typically complete the process in one session.
- Settlement documents are prepared by us at the close of the arbitration/mediation.
- Alleviates the attorneys from scheduling and coordinating the matter and preparing the required notices and settlement documents.
- The Arbitration/Mediation Hybrid is another example of how Resolutions Inc. is developing solutions to help resolve your disputes effectively and efficiently.
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