Mediation/Arbitration

 

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Arbitration and Mediation are the two major alternative ways for resolving legal disputes outside of the court system. In Arbitration, the parties appear before Arbitrators and present their cases in a far more relaxed and private setting than a court. Typically, arbitration also is faster and less expensive than litigation through the courts, and if the amount in controversy is relatively small, you may not even need a lawyer to represent you. Arbitration is binding on the parties and, for the most part, it may not be appealed. In order for parties to proceed to Arbitration, their contract must contain an Arbitration Clause or they must enter into a separate Arbitration Agreement.

Mediation, on the other hand, is a non-binding process where the parties to a dispute appear before a person who has been trained in the art of encouraging settlements. Typically, the mediator shuttles from one party to the other, back and forth, explaining the strengths and weaknesses of each party’s positions and conveying settlement proposals. Most mediations end with a voluntary settlement. Like Arbitration, if the amount in controversy is relatively small, you may not even need a lawyer.

At DailyGC™, we are strong supporters of Arbitration and Mediation, especially for small businesses, and we have decades of experience with both. We can help you to draft enforceable mediation and arbitration clauses for your contracts, so that expensive and time-consuming litigation is never an exclusive option in the event of disputes with your customers and vendors. We also can spend a day with you to help you to prepare for your mediation or arbitration, and depending upon the nature and complexity of it, we may even be able to represent you at the hearing.

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PRIORITY ISSUES DESCRIPTIONS
At DailyGC, we provide legal advice and counsel on the full range of legal problems and legal-related business issues that small businesses and startups routinely face in their management, sales, operations and administration. The following are examples of these kinds of problems. You may use these descriptions on your Priority Issues Identifier Form� or you may write your own descriptions.
Business Contracts and Relations:
� Customer Contracts and Disputes
� Vendor Contracts and Disputes
� Collections
� Bank/Lender Relations and Issues
� Landlord/Tenant Relations and Issues
� Bonding/Insurance
� Nondisclosure and Confidentiality Agreements
� Procurement and Management of Outside Counsel
Employment:
� Recruiting/Hiring Practices
� Employment Agreements
� Employee Compensation and Benefits
� Employee Manuals, Policies and Procedures
� Compliance with Government-Required Benefits Programs
� Payroll Compliance with Court Orders
� Discrimination and Harassment Claims
� Management and Discipline of Problem Employees
� Terminations
� Unemployment Insurance Claims
� COBRA Procedures
� Hiring Independent Contractors
Dispute Resolution:
� Case Analysis and Assessment
� Mediation/Arbitration
� Strategies for Litigation, Discovery and Negotiation
� Settlement Analysis
General Corporate:
� Entity formation
� Corporate Governance and Record-Keeping
� Shareholder Relations
� Compliance with Governmental Regulations
� Compliance with Corporate Contractual Obligations
� Contract Review, Analysis and Negotiation Coaching