Arbitration & Mediation for Business Disputes

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Create Effective Strategies for Successful Arbitrations

 AVOID UNNECESSARY LITIGATION COSTS BY ARBITRATING ANY BUSINESS DISPUTE

Arbitration is private, efficient and faster than litigation in federal or state courts.  

Do the Math: Compare Average Costs and Time Frames for Litigation versus Arbitration

Litigation Costs & Time Investment

State or Federal: minimum 2 years

Complaint Drafting $15,000+

Discovery $10,000 and up (often expansive)

Motion Practice – unlimited; expensive Motion

*Decision delay due to Judge's case overload  

Depositions – unlimited Depositions 

Trial Timeframe: days or weeks

Decision Time Frame: months after trial

No bar to Appeals

Arbitration Costs & Time Investment

One or Panel with Multiple Arbitrators (hourly fees)

Expedited time frame 3-6 months

Complaint Drafting $15,000+/-

Discovery Limited to Specific Information

Motion Practice – limited by arbitrator

Dispositive Motions can curtail or dismiss claims limiting issues to be addressed or the case as a whole

Quick Decisions typically 30 days after Evidentiary Hearing

Depositions limited by arbitrator

Arbitration Hearing: average 1-3 days

Decision: within 30 days average

Appeals are very limited to the arbitrator's failure to address  determinative facts and law.

Experience as an American Arbitration Association Arbitrator handling Commercial Disputes, M&A Panel, Consumer Disputes for eight years.

Advocate for Business Arbitrations involving breach of contract; fraud; unjust enrichment; failure to disclose accurate and/or comprehensive financial information ((M&A); AIA contract disputes and a variety of types of business contract disputes.

BUSINESS INTERRUPTION COSTS ACCUMULATE QUICKLY when disputes derail your focus

While Mediation is non-binding unless the parties agree and execute a settlement, it provides a more informal venue for airing the basis of disputes and potentially reach an expedited settlement that allows business to move forward without the distraction, time and money that arbitration or litigation requires.

Mediation is often used as a first step to resolve a dispute and many business contracts require a brief period to allow for resolution through mediation before an arbitration may commence.

Arbitration organizations including the American Arbitration Association and JAMS International offer mediation if the parties are willing to pause an active arbitration or mediate certain issues that will help expedite or eliminate claims in the original Demand for Arbitration.

Cost & Time Investment

Parties often agree on a mediator, while hiring their own legal counsel.  Costs include preparation and meetings with the Mediator, which will accumulate throughout the process.  It is critical to have an attorney review any agreement to mediate before signing it to ensure the terms are beneficial and no rights are waived.

Experience mediating business disputes and settlements prior to litigation.