Litigation can be a difficult and costly experience for businesses and individuals alike. The burden and disruption associated with litigation can be reduced by using arbitration and mediation to resolve disputes. At Bacon Flaherty, we counsel our clients in deciding whether the use of either fits their needs. We then efficiently navigate the waters of the dispute resolution process to achieve a prompt, less costly and desirable result.

Arbitration is essentially an efficient, streamlined trial process in front of an agreed upon unbiased and independent arbitrator, often a retired judge or experienced litigation attorney in the specific area of law involved in the dispute, as opposed to a judge randomly assigned by the government. This is a way of having your “day in court” without the expense, delay and public hearing that occurs in Court. It is well documented that arbitration is faster and less costly than traditional court-based litigation and trial which can often take years for a decision that, even if favorable, might be appealed adding further time and expense. With arbitration, the time frame is usually measured in months as opposed to years and there are often no appeal rights, allowing for forecasting a firm timeline and budget for resolution. The cost and time advantages of arbitration when coupled with the privacy factor and the opportunity to participate in the selection of the arbitrator make arbitration a preferred method for resolving most types of legal disputes.

Mediation is another great option for those clients looking to resolve disputes but who may not willing to give up their rights to go to Court for an ultimate decision if a settlement can not be reached. Mediation is particularly useful to resolve disputes in ongoing business or personal relationships that are expected to survive after the current dispute is resolved, such as business or personal partnerships, family business transfers, will contests, and other probate matters. An independent mediator will listen to both sides and help them to reach a settlement that is satisfactory to both parties. This will allow those parties to move on without further damaging their relationship with years of litigation deadlock.

The lawyers of Bacon Flaherty have many years of experience pursuing alternatives to trial and have found that these methods lead to favorable resolutions in most instances. We have successfully used these tools to resolve many types of business dispute including breach of contract for non-performance, non-solicitation of customers and employees, shareholder and LLC member disputes, non-competition and unfair competition, employment disputes including discrimination, and the compensation of executives. We have also used these methods to resolve real estate disputes such as partitioning, boundaries, title defects and landlord-tenant (commercial and residential) issues. We have also successfully resolved cases involving serious and complex personal injury and death arising from automobile and truck collisions, construction site accidents, work place injuries, nursing home or assisted living facility negligence, defective products, and medical malpractice.

With proper counsel these methods are powerful tools for successfully resolving your business or personal disputes promptly and with minimal expense and disruption.