The COVID-19 pandemic has had far-reaching effects on various aspects of the economy, causing disputes to arise in a variety of areas, including real estate, workplaces, contracts, and many others. At the same time, courts around the country have closed down and are largely focusing only on emergency matters, so many of these disputes are going unresolved. A Kentucky mediator and arbitrator may be able to help fill in these gaps and provide a resolution to your legal dispute.
Mediation is a process in which a third-party neutral helps guide the parties toward a settlement. Mediation is a non-adversarial process that helps the parties work together to solve a problem they have in common. The mediator uses conflict resolution skills to help the parties see the advantages of settling their case and opens them up to the other’s position. He or she can often help facilitate communication when communication breakdowns have occurred.
The mediator has no power to impose a judgment on the parties; he or she is there to help guide the parties, not to impose a judgment. If the parties reach an agreement, the mediator draws this up in writing.
Arbitration is a process that is more similar to litigation. It is adversarial, and the parties may conduct discovery to get important information from the other side about the case. The parties then present their side of the case to an arbitrator or panel of arbitrators who review the evidence and testimony to make a final decision. Typically, this decision cannot be appealed.
While mediation and arbitration are very different processes, they share some key advantages – some of which make them particularly suited for resolving cases during the COVID-19 pandemic. For example, neither process requires the involvement of the court, so the case can be scheduled at the mutual convenience of the parties and the Lexington Kentucky mediator or arbitrator. This helps resolve the dispute faster. Because of this factor, the parties may be able to maintain a civil relationship with each other. Additionally, with the arbitration, there are only limited reasons when a case can be appealed, so this shortens the potential timeline associated with the case.
Additionally, mediation and arbitration tend to be much less expensive than protracted litigation. The mediator or arbitrator is also an objective party who has no stake in the case so you may get a fairer outcome than you would with a judge or jury.
Ann O’Malley Shake is a Lexington Kentucky mediator and arbitrator who provides mediation and arbitration services in a fullrange of cases. To learn more about the arbitration or mediation process or how it may assist you in resolving a legal dispute, visit https://www.annshakedisputeresolution.com/.