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Hialeah Mediation & Arbitration Lawyer
Securing Positive Results Through Alternative Dispute Resolution
When it comes to resolving legal matters, people often picture litigation in a courtroom. However, there are methods of resolving civil matters outside of court. Mediation and arbitration are forms of alternative dispute resolution (ADR) that are great alternatives to litigation. These processes are faster, cheaper, and less contentious than typical court cases—plus, they are completely confidential.
If you are facing a legal dispute and think mediation or arbitration may be right for you, The Law Office of Arianna M. Mendez, PLLC is here to help. As a mediation and arbitration attorney in Hialeah, I have experience in both forms of ADR and can represent and/or walk you through the process from start to finish. Whether you are looking to finalize an amicable divorce, settle a real estate dispute, or resolve a business matter, I am here for you.
What Cases Can Be Resolved Through Mediation?
Mediation (and arbitration) is available to resolve most civil (i.e., non-criminal) cases; however, minor criminal cases may be settled using ADR depending on the circumstances. ADR is often used to settle disputes between relatives, spouses, neighbors, colleagues, business partners, and others who already have an established relationship of some kind.
At my firm, I mediate legal matters including, but not limited to:
- Child custody
- Child support
- Spousal support/alimony
- Employment disputes
- Real estate disputes
- Business disputes
- Breach of contract claims
If you have a civil legal matter that needs resolving in the Hialeah and Pembroke Pines areas and you and the other party are willing to work together to find a solution, mediation and arbitration may be available to you. Reach out to discuss your specific case during a free consultation.
Mediation vs. Arbitration
While mediation and arbitration are very similar processes, there are some key differences between the two:
- Mediation allows for the conflicting parties to make decisions of their own regarding how to resolve the dispute with the help of a neutral third party called a “mediator.” Mediators are trained not only in civil law but also in skills like conflict resolution which allows them to guide the discussion and help disputants come to a consensus on their own. The mediator is merely a helper, not a decider.
- Arbitration, on the other hand, involves a neutral third party who serves as a judge. This means that ultimately the arbitrator, and not the conflicting parties themselves, is responsible for resolving the dispute. This decision is binding usually cannot be appealed. Otherwise, the process works almost exactly like mediation.
Why choose arbitration or mediation over litigation? There are several compelling reasons:
- Court cases are publicly recorded, but what happens during arbitration and mediation is known only to the people directly involved. This gives clients confidentiality, which can make all parties more comfortable and willing to cooperate.
- Instead of communicating through attorneys in a public setting, participants in mediation and arbitration speak directly to each other, fostering better communication.
- Mediation and arbitration are far less costly and time-consuming than litigation.
- Rather than have a judge or a jury decide your fate, the parties involved get to decide on the resolution together. This usually leaves the parties happier with the end result and tends to be more equitable as well (note: this is only the case in mediation, not arbitration).
However, it is important to remember that mediation and arbitration won’t work for every case. The opposing parties must be willing to work together in order for ADR to work. If you are facing a particularly contentious dispute—for example, you have endured extensive workplace harassment or are leaving an abusive marriage—litigation may be the only way to settle your legal dispute.