Arbitration is becoming increasingly popular as a method of dispute resolution for businesses. Although some business owners make the choice to go into arbitration voluntarily, and growing number of cases result from clauses in business agreements. All types of documents and contracts include a clause that states any disagreements or discrepancies going forward must be settled through arbitration. Arbitration and mediation are methods of alternative dispute resolution that facilitate a more peaceful and agreeable resolution.
These two processes differ in that mediation allows the parties to decide on the final resolution whereas the final decision in an arbitration case is decided on by the arbitrator. Daniel Yamshon offers services for Sacramento businesses in need of arbitrators or mediators so that results can be reached in a manner that preserves the business relationship.
Mediation in Family Court
Mediation is especially effective for resolving disputes in the area of family law. Couples who are divorcing, child custody, and related issues can be resolved quickly and at a lower cost. Clients prefer mediators for these cases because they retain control over the outcome. Mediation is also preferable to litigation since it presents the involved parties with a peaceful atmosphere where the goal of the process is no longer “winner takes all.”
Arbitration for Businesses
The very nature of how businesses work in partnership with other businesses increases the potential for disputes to arise. Working with a written agreement is nearly as likely to result in a dispute as working without one. Although many agreements specify that disputes will be settled through arbitration, many are making the choice voluntarily as a simple means of reaching a resolution. Unlike people involved in family disputes, business owners are in a unique situation where lost time can result in lower production, lost profits, and potential damage to the company’s reputation. It is to their advantage to come to a resolution quickly and without battling it out with the other party or parties.
The Importance of Preserving Relations
Both mediators and arbitrators understand the necessity of preserving relationships going forward. For the divorcing couple, a resolution that allows parents to continue to work together for the good of the children is a successful mediation process for everyone involved. In business, relationships between suppliers and buyers, partner companies, and distributors are some of those that are essential to the continuing success of the company.
Alternative Dispute Resolution is especially effective in cases related to real estate. Hiring mediators or arbitrators can save all involved parties a lot of time and money that can better be spent on their business. In litigation, the judge and jury are not experts in real estate law and must be “brought up to speed” on the specifics of the case and the laws that apply. On the other hand, a mediator or arbitrator who is experienced in real estate dispute resolution in Sacramento is prepared to find a fast and fair resolution. If you need professional, experienced mediators or arbitrators for a peaceful resolution to your dispute, call Daniel Yamshon at 916-446-4817.