alternative dispute resolutions

negotations

both parties either on their own or w/ an attorney come to some mutual agreement

mediation

where a neutral 3rd party helps to facilitate an AGREEMENT between the parties

benefit: cost effective and help determine the settlement parties

*non-binding

mediator (referee)

meets w/ the parties at a neutral location where the parties can discuss the dispute and explore a variety of solutions

arbitration

“deemed valid”

where one signs an arbitration agreement knowingly and willfully the arbitration agreement will be deemed valid unless the agreement is unconscionable (heavily biased)

*acts as a judge and makes a binding decision on the dispute.

*binding

arbitration award

deemed final—> binding and just when you sign an arbitration agreement you wived your right to try your case before the court

1. The arbitrators conduct or “bad faith” substantially

2. The award violates an established public policy

3. The arbitrator exceeded her or his powers→ that is arbitrated issues that the parties did not agree to submit to arbitration