Secrets of Mediation and Arbitration

According to Austin-based business lawyer
Jack Zinda, of the law firm Heselmeyer Zinda, PLLC, two of the most
productive tools for resolving legal disputes are mediation and
arbitration.

Mediation is typically negotiation facilitated by a mutual and
unbiased third party. Arbitration is a binding resolution process that
resembles the results achieved in a courtroom at trial – but with far
fewer technicalities and legal niceties entailed. “These are my tools
for resolving legal disputes,” explains attorney Jack Zinda of the law
firm Heselmeyer Zinda, PLLC, “Without them, resolving many legal
disputes would be much more time consuming and expensive.”

Mediation is very different from arbitration, however. “Sometimes
the parties are unwilling or unable to resolve a dispute,” Zinda says,
“and that’s when mediation can make a real difference.” It’s most often
short-term, structured, and task-oriented. “It’s a hands-on process,”
according to Zinda. The contentious parties work with a third party,
someone as unbiased as possible, who is referred to as a mediator – in
an effort to resolve their disputes. It’s up to the mediator to
supervise and moderate how and what information is exchanged between
the contentious parties so that a genuine bargaining process begins to
emerge. “The mediator is adept at discovering common ground that may
exist and deal with unrealistic expectations as they arise,” says
Zinda, “He’s also likely to introduce creative solutions and assist in
the final drafting of a settlement that everyone can live with.”

Arbitration is a much more formal alternative to litigation.
Contentious parties are also presenting their case to a neutral third
party, but this time the arbitrator renders a decision in the manner of
a judge. “Arbitration is generally considered more efficient than
litigation because it’s quicker, cheaper, and provides more
flexibility,” Zinda notes, “Typically the contentious parties get to
choose their arbitrator and exert at least a measure of control over
some aspects of the arbitration procedure.” Arbitrators are likely to
possess more expertise and specific knowledge of a relevant subject
area than mediators – or even judges. Evidentiary rules are not
applicable and discovery and cross-examination opportunities are
limited, however.

“The best thing about arbitration is that it’s voluntary,” Zinda
concludes, “and mediation is always discretionary. In litigation,
contentious parties are obliged to take their chances.”

To learn more about Austin business attorney Jack Zinda visit Texasbusinessattorneys.net.