Bearstone Law, PLLC, represents claimants in mediation, arbitration, and other forms of alternative dispute resolution with the same rigor and strategic brought to high-stakes litigation. The firm evaluates claims early, crafts forum-specific strategies, and prepares clear, persuasive submissions designed for the decision-maker in the room. When it’s advantageous and permitted to do so, the Firm conducts highly targeted discovery, litigates dispositive issues, and persuasively presents evidence and witness testimony with precision. From pre-dispute counseling and demand development through live mediation sessions and final arbitration hearings, the Firm negotiates from a position of strength and competence and protects clients’ interests with focused, creative advocacy aimed at delivering decisive results.
What is Mediation and Arbitration?
In a mediation, a neutral facilitator, the “mediator,” attempts to help the parties explore resolution of their dispute and, if successful, come to general terms that everyone can agree with. Mediation can be very helpful in the right circumstances, especially if the parties are at an impasse and negotiations have stalled. Mediations are relatively informal and often take place at a private office or even over Zoom, Teams, etc.
Arbitration is more similar to a courtroom experience than mediation is. They are a private, adjudicative process where a neutral decision-maker (or panel of decision-makers) hears evidence and testimony of witnesses, often including expert witnesses. After the close of evidence, the neutral issues a binding (or, by agreement, nonbinding) decision, called an “award.” Both forums can reduce cost, disruption, and uncertainty while preserving confidentiality and control over timing and procedure.
When is Mediation or Arbitration Appropriate?
Parties often voluntarily engage in mediation when they want to avoid a lawsuit, preserve relationships, or resolve disputes in a fast and efficient manner. And mediation is well suited for this goal. Courts routinely order parties to engage in a mediation early on the case, precisely because of such a policy’s tendency to result in more lawsuits settling more quickly.
Arbitration is a little different. An increasing number of contracts contain “arbitration clauses,” which are terms requiring the parties to assert any claims or disputes through a formal arbitration proceeding. Additionally, it’s typical to see arbitration clauses with language to the effect that any arbitration award is fully binding. Arbitration clauses are commonly found in consumer contracts (e.g., credit card agreements, internet service agreements), employment agreements (e.g., employee handbooks, executive compensation), insurance policies, and many commercial agreements.