OUR PROCESS Both mediation and nonbinding arbitration are more "user friendly" than courts. We use both in our process. Mediation allows us to listen to your concerns. Nonbinding arbitration allows us to focus on a proposed resolution. With both mediation and nonbinding arbitration, you have no obligation whatsoever unless both sides agree.
OUR ROLE We are a neutral party. We use both mediation and nonbinding arbitration. To keep things simple, people most often refer to us as mediators. Our mediator may or may not be an attorney. In either case, the mediator will work to seek a practical resolution and will not provide legal advice or opinions. If you want legal advice you are advised to consult with an attorney. Your attorney is welcome to participate in our process. We promise to listen to your concerns. We will then focus on a resolution to the dispute. We will not take sides. We are committed to staying neutral and helping both sides come to an acceptable resolution.
COMITTMENT TO THE PROCESS You agree to work cooperatively with the mediator in good faith. You agree to provide reasonable information requested by the mediator to resolve your dispute. You agree to promptly notify us of changes in your contact information including mailing address, email address, phone number, or fax number.
NO PERSONAL APPEARANCES Many people find court appearances quite stressful and inconvenient with their work schedules. In our process, you do not have to appear in person. The entire process can be handled by phone, mail, fax, or email. Therefore, you can choose your own method and personal schedule.
COMMUNICATIONS WITH THE OTHER SIDE You agree that, during the process, all communications to the other side will be through us. You authorize the other side to communicate with us about your legal dispute.
CONFIDENTIALITY It is important for you to know that in our process all of our records of your case are confidential. Also, everything you learn about the other side during our process is confidential. Both sides agree to not subpoena us or our records in any legal proceeding. Neither side may use any confidential information from our process later in court, should there be no resolution. These protections allow you to freely participate in our process, without worrying your information will be made public or used in court.
TIME LIMITS This matter may have a pending court date. Therefore, you need to reasonably respond to our communications.
TERMINATION Either party may end the process by giving the mediator written notice. The mediator also may withdraw from the process if the mediator believes that either party is not participating in good faith, or that a resolution is not reasonably possible.
FINAL RESOLUTION No resolution is binding unless both sides agree to it. You are under no obligation to agree to anything.
ARBITRATION AWARD Both sides may agree, as part of the resolution, to have the resolution be an arbitration award. We will then sign the award as the arbitrator. The arbitration award may be confirmed by any court under the provisions of the Federal Arbitration Act. The parties may agree to a consent judgment instead of an arbitration award or any other resolution that is acceptable to both sides.
WAIVER OF LIABILITY You agree that we shall not be liable for any act or omission in connection with your case.
GOVERNING AUTHORITY This process is governed by the Federal Arbitration Act, 9 USC 1, et seq.