Alternative Dispute Resolution (“ADR”)
Alternative dispute resolution (ADR) includes dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. http://en.wikipedia.org/wiki/Alternative_dispute_resolution
American Arbitration Association
Arbitration is a time-tested, cost-effective alternative to litigation. Arbitration is the submission of a dispute to one or more impartial persons for a final and binding decision, known as an “award.” Awards are made in writing and are generally final and binding on the parties in the case. http://www.adr.org/sp.asp?id=28749
Arbitration, a form of alternative dispute resolution (ADR), is a legal technique for the resolution of disputes outside the courts, where the parties to a dispute refer it to one or more persons (the “arbitrators”, “arbiters” or “arbitral tribunal”), by whose decision (the “award”) they agree to be bound. It is a settlement technique in which a third party reviews the case and imposes a decision that is legally binding for both sides.http://en.wikipedia.org/wiki/Arbitration
Black’s Law Dictionary
The investigation and determination of a matter or matters of difference between contending parties by one or more unofficial persons chosen by the parties and called arbitrators or referees. (Black’s Law Dictionary- Online Edition, page 83).
Arbitration can be binding (meaning final and enforceable in Court by way of a Petition to Confirm Award and become a Judgment) or nonbinding meaning it the award can be eliminated by filing a Request for Trial De Novo or New Trial. Arbitration can be pursuant to various sets of rules including those found in the California Civil Code or Public Contract Code or pursuant to the rules of a particular tribunal like the American Arbitration Association.
American Arbitration Association
Mediation is a voluntary, confidential extension of the negotiation process that guides parties toward a mutually agreeable settlement, while preserving the business relationship. http://www.aaamediation.com/
Mediation, as used in law, is a form of alternative dispute resolution (ADR), is a way of resolving disputes between two or more parties. A third party, the mediator, assists the parties to negotiate their own settlement (facilitative mediation). In some cases, mediators may express a view on what might be a fair or reasonable settlement, generally where all the parties agree that the mediator may do so (evaluative mediation).
Mediation has a structure, timetable and dynamics that “ordinary” negotiation lacks. The process is private and confidential. The presence of a mediator is the key distinguishing feature of the process. There may be no obligation to go to mediation, but in some cases, any settlement agreement signed by the parties to a dispute will be binding on them.
Mediators use various techniques to open, or improve, dialogue between disputants, aiming to help the parties reach an agreement (with concrete effects) on the disputed matter. Much depends on the mediator’s skill and training. The mediator must be wholly impartial. http://en.wikipedia.org/wiki/Mediation
For Weissman & Weissman Clients
“Mediation is the process by which our clients are asked to accept less money for their perfectly valid claims”. Robert A. Weissman
Robert A. Weissman is available to serve as an Arbitrator or Mediator through the American Arbitration Association to hear construction, real estate, commercial, bank collection and title related disputes. For both Arbitration and Mediation, American Arbitration Association regular track claims, he is available to travel to and conduct hearings throughout California.