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Negotiation, Mediation, and Arbitration
Many people do not want to be involved in court proceedings.
Whether it is a dislike or disbelief in the adversarial proceedings,
a desire to avoid drawn-out lawsuits, or a desire to avoid the high
costs of litigation, many do not want to be in court.
In recent
years these concerns have led the legal community to respond with
alternative methods of dispute resolution. At Kick and Gilman we are
happy to offer several of these alternatives. Each allows parties to
bring their disagreements to a close by a less formal method that is
usually less costly.
These
alternatives include:
Negotiation
- In a negotiation, our attorneys can represent you in working with
another party or that party's attorney in trying to come to an
agreement. This process is very common in creating terms for
settlements or contracts where two parties disagree.
Mediation
- A mediation is a process in which our attorneys act as neutral
parties to help you and the party you have a dispute with sit down,
discuss the facts and come to an agreement. Our attorneys are
completely neutral in the matter and you and the other party are
encouraged to have the final agreement reviewed by an attorney who
is looking out for your rights. For a mediation to be possible, both
parties have to agree to participate in it.
Arbitration
- In an arbitration, the parties ask an attorney or other person to
render a decision after hearing evidence. These are less common and
subject to many rules and law.
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