Arbitration and Mediation

Arbitration and mediation–often referred to as “alternative dispute resolution”–can be a cost-effective and efficient way of settling business disputes. Petefish, Immel, Hird, Johnson, Leibold & Sloan, LLP has deep experience in successfully resolving disputes through binding and non-binding mediation and arbitration in Lawrence, KS and elsewhere.

Contractual Provisions

Unless a contract says otherwise, the default mechanism to resolve business disputes is typically litigation in state or federal courts.  In order to ensure that alternative dispute resolution can be used, it is important to include a mediation or arbitration clause in the commercial contract or other agreement between two parties.  Petefish’s attorneys understand how to prepare and negotiate enforceable alternative dispute resolution contractual provisions, helping our clients ensure access to these alternative forums.

Arbitration

In arbitration, one or more neutral arbitrators make a binding decision resolving a dispute.  Make no mistake: although arbitration may be more cost-effective than litigation, prevailing requires strong and effective advocacy.  Petefish is well-versed in all aspects of arbitration, from selecting the arbitration panel through briefing and oral arguments.  Petefish’s attorneys have honed their advocacy skills in the courtroom and have used those skills to obtain successful results in arbitrations in Lawrence, KS and elsewhere.

Mediation

In mediation, as in arbitration, the parties submit their dispute to a third-party neutral, but the neutral typically does not issue a binding decision.  Instead, the third-party neutral attempts to facilitate an amicable settlement between the parties.  Successful mediation can save the costs of resolving a dispute by binding arbitration or litigation, and strong advocacy can lead to a more favorable settlement.  Petefish is experienced in helping clients reach amicable and favorable settlements–and save valuable resources–through the use of mediation.