Arbitration & Mediation
When your legal dispute is referred for arbitration or mediation, it’s important to remember that you are still involved in an adversarial legal process. You are entering an unfamiliar arena, where your opponent is likely to have a distinct advantage. Moreover, if you agree to binding arbitration, you are giving up any and all rights to appeal the decision. The attorneys at Poore & Rosenbaum LLP have 95 years’ combined experience challenging arbitrators and mediators to arrive at truly just decisions.
What’s the difference between arbitration and mediation?
Mediation can be seen as the first step in a two-step process. During mediation, parties may argue over the interpretation of a clause in a contract or a fair award for damaged property. The arbitrator works with them to forge an agreement. He does not impose a result, but rather helps them achieve it. If the parties can’t agree, the dispute might move to arbitration, where a neutral arbitrator will listen, then render a decision. In non-binding arbitration, the parties can reject the decision and then move on to binding arbitration or trial. In binding arbitration, parties agree to abide by whatever the arbitrator decides and there is no appeal.
Each stage of this process requires preparation, execution and high-level decision-making, weighing costs and benefits and anticipating consequences. The experienced attorneys at Poore & Rosenbaum LLP approach arbitration as they would a trial: meticulously preparing your case, researching relevant law and weaving material facts into a compelling narrative asserting your cause.
Arbitration is designed to reach a fair outcome without the expense and time of a trial. When it is voluntary, arbitration helps many people who might otherwise be shut out of the justice system by high costs. However, arbitration is still an adversarial process, with each side presenting its case and rebutting the opponent’s. This is especially true if your opponent is a corporation with a mandatory arbitration clause in its contract and a staff of lawyers on retainer who specialize in denying claims like yours. Now you’re arbitrating because you must. You need the attorneys at Poore & Rosenbaum LLP to deliver the professionalism it takes to match a strong opponent.
If the arbitrator’s neutral, why do I need a lawyer?
A trial judge would also be neutral. But, if you wouldn’t represent yourself in court, you should be even less inclined to try it in arbitration, which is privately funded by those who use the system. The American Arbitration Association has rules designed to root out overt favoritism. However, large corporations with arbitration requirements hire an awful lot of arbitrators, and the arbitrators appreciate the business. The seasoned arbitration attorneys at Poore & Rosenbaum LLP know the system, and their knowledge is power for you to assure an outcome based upon the merits of your case.
Contact a determined Providence, Rhode Island arbitration and mediation firm.
If your dispute has been referred for arbitration or mediation, don’t delay. Call Poore & Rosenbaum LLP at 401-831-2600 to schedule a consultation or contact the firm online.