What Is the Procedure? 

For Arbitration, the procedure is typically less formal than a court procedure, and more streamlined. The specific procedure can be agreed to by the parties or, if not agreed to, determined by the arbitrator. By agreement, the parties can elect that certain court rules apply, or can elect that the Commercial Arbitration Rules of the American Arbitration Association (or other arbitration procedures) govern. They can even make up their own rules by agreement. Typically, the procedure involves reduced and simplified “discovery” and simplified hearings. This expedites the resolution and keeps the costs down. The parties can even agree not to have a formal hearing. A decision is rendered within thirty days of the close of the hearing. Contrary to popular belief, the arbitrator’s decision will not necessarily be a “compromise” between the positions of the parties. 

For Mediation, the process is very informal. The parties will first confirm that they understand that the process is confidential to the extent permitted by law, and that any settlement agreement reached will be a voluntary one. The mediator will meet with the parties jointly to try to resolve the dispute. The session may last a few hours or an entire day. Follow-up sessions are a possibility if the parties agree. In any session, the mediator may meet with the parties separately to assist the settlement process. If a settlement is reached, the parties can prepare the settlement agreement or assist the mediator in preparing the agreement. 

Where Does the Mediation or Arbitration Occur?

EqDR can arbitrate or mediate disputes throughout the United States. One of the benefits of the arbitration or mediation process is that the parties can determine where they want to have the arbitration or mediation sessions. Mr. Becker or other neutral is available to travel to the location selected by the parties. 

Arbitration and mediation sessions are usually held in comfortable conference room facilities, rather than courtrooms. The parties can make the arrangements, or the arbitrator or mediator can make the arrangements.