mediation & Arbitration
At Wilbur Smith we have a state certified civil mediator, capable of facilitating any dispute or resolution between parties large and small.
What is Mediation?
Mediation is a method of alternative dispute resolution in which the negotiation between two parties is facilitated by a neutral third party, the mediator. This process can be initiated by the parties or may be compelled by legislation, a court order, or contractual terms.
Unlike the litigation process, where a neutral third party (usually a judge) imposes a decision over the matter, the parties and their mediator ordinarily control the mediation process -- deciding when and where the mediation takes place, who will be present, how the mediation will be paid for, and how the mediator will interact with the parties.
What is ARBITRAtion?
Arbitration is also a method of alternative dispute resolution, however Unlike mediation, arbitration involves decision making by the neutral third party, similar to the orders imposed by a judge.
is Mediation right for you?
As a short-term, hand's-on process facilitated by the mediator, mediation creates a very structured and task-oriented process for parties who aren’t willing or are unable to come to a conclusion on their own. The mediator supervises the exchange of information and the bargaining process, helping the parties find common ground and manage their expectations. Throughout the process the mediator’s experience allows them to define problems, interpret concerns and present creative solutions. Their role generally includes the assistance of drafting a final settlement.
When to Mediate:
Mediation can be highly successful in situations such as divorce and custody disputes where the parties or guardians are able to communicate and negotiate in a more structured environment outside of formal proceedings.