Michigan Arbitration & Mediation Lawyers

Arbitration and Mediation Attorneys in Michigan

Arbitration and mediation are two of the most common forms of alternative dispute resolution, which refers to the strategies people can take to resolve issues without going to trial. Arbitration and mediation can help manage workplace and commercial disputes.

The team of Michigan litigation and dispute resolution lawyers at August Law has years of experience in both arbitration and mediation. We can advise our clients on when these options are most appropriate and guide them through the process. Learn more about arbitration and mediation, and how our Michigan lawyers offering dispute resolution can help. 

Understanding Arbitration and Mediation

When searching for alternative dispute resolution in Michigan, it’s important to understand your options. Let’s take a look at what arbitration and mediation offer. 

Arbitration

Arbitration is a non-court method of resolving disputes in which an impartial third party, called the arbitrator, is appointed to reach a resolution. The arbitrator functions like a jury or judge, and their decision is binding. In large disputes, it is not uncommon for a three-judge arbitration panel to be appointed.

Arbitrators are professionals in the pertinent field, bringing experience and a deep understanding of the issues at hand. 

The arbitration process is similar to a court trial in that it requires parties to present evidence and arguments, but it’s less formal than a trial. The parties are free to accept different sets of rules to govern the arbitration process. The most common are the different rules of the American Arbitration Association (AAA). There are also rules from JAMS, which is an organization of attorneys and former judges that provides dispute resolution services. It’s also important to know that, if you choose binding arbitration, once the arbitrator issues a decision, it can’t be appealed absent fraud or irregularity. Rather, the arbitrator’s opinion is confirmed by a court and becomes a binding judgment. That’s not the case with non-binding arbitration. 

At August Law, we provide representation in commercial arbitrations in Michigan and Florida.

Mediation

Mediation is an intervention between parties in which a neutral third party, the mediator, assists in finding a resolution through facilitation. A mediator doesn’t resolve the problem but helps all parties involved communicate better. Since attorneys are advocates, sometimes a matter can only be resolved by someone exchanging offers and demands between the parties and helping them see the weaknesses or financial realities of their dispute. Mediators have strict standards of conduct they have to follow to ensure impartiality and confidentiality of the proceedings. 

Mediation offers the opportunity for unique resolutions that wouldn’t be considered if the case went to court before a judge or jury. That’s one of the reasons why sensitive business disputes can benefit greatly from mediation.

Instead of relying on a judge who won’t understand the issues as well as you and the other parties do, you can have a say in the decision. The mediator facilitates this by focusing on the facts of the case and ensuring everyone behaves appropriately. 

Our Michigan civil mediation lawyers can assist with all manner of disputes, including business issues. With years of experience, we can help you and the other parties involved come to a mutually beneficial resolution. 

Benefits of Arbitration or Mediation Over a Court Trial

When most people think of resolving a civil dispute, they imagine going to trial before a judge or jury. There are many reasons you should instead consider these alternative dispute resolution strategies. 

Increased Privacy

When you choose arbitration or mediation, the process can be more private than it would be if you were going to court. There are no public filings (other than the final result), and neither proceeding is open to the public. Our Michigan litigators and arbitration lawyers often recommend arbitration or mediation because it can prevent adverse publicity for businesses. 

Flexibility

When you go to court, you don’t get a chance to choose the judge, and you don’t get any input into what the solution to the dispute could be. When you choose arbitration or mediation, you may have the chance to select the third party who will help you through the process. Sometimes, however, a contract you previously signed may specifically name the arbitrator or the arbitration forum, such as JAMS or AAA. Then you would be bound by the terms of that contract and the procedures for that organization for choosing an arbitrator.  

You also have more flexibility with your schedule because you don’t have to worry about working around a busy court calendar. The location may be flexible as well, providing greater convenience for all parties. 

Collaboration

Arbitration and mediation encourage collaboration among all parties. In mediation, especially, this typically means a less adversarial tone than litigation, actively encouraging parties to work toward finding common ground. This can make the whole process less stressful and usually makes it easier to reach a mutually beneficial resolution. It’s important to note, however, that arbitration can remain contentious because it is an adversarial process.

Is Arbitration or Mediation the Better Choice?

Arbitration and mediation offer excellent benefits, but they may not both be appropriate for the dispute you face. For example, choosing mediation will only work if both parties are committed to finding a solution and willing to communicate and compromise. For that reason, it’s a useful tool to preserve business relationships. 

Additionally, although any final agreement voluntarily entered into a mediation is binding, the mediation process itself is not — that is, you’re not locked into mediation, so you’re not forced to continue participating if you’re not happy with the way it’s progressing. If both parties do participate, though, it’s more likely that you’ll reach a resolution because you’ve both invested time and effort. 

Commercial arbitration in Michigan, on the other hand, is better suited for contentious disputes that the parties want to keep out of a public courtroom. Keep in mind, though, that most of the time, the arbitrator’s decision will be final. That blocks access to the court system, which may not be in your best interest. 

Generally, think of arbitration as a more adversarial process, while mediation is a collaborative one. Both processes, however, could be lengthy and costly, depending on the complexity of the dispute. 

If you aren’t sure which option is best for the problem you face, our experienced arbitration and mediation lawyers can offer guidance. 

Is Arbitration or a Courtroom Trial the Better Choice?

The simple answer is “it depends.”  Every matter needs to be evaluated based on its own merits. Most importantly, do you feel your case plays out better in front of a jury, which can be influenced significantly by emotion, or an experienced arbitrator? If you want to inflame the passions of a jury that can give you a runaway verdict, you certainly do not want to arbitrate. Likewise, if you think a jury will dislike your client because it is a big, unfeeling corporation with lots of money, an arbitration may be best. 

One myth that needs to be dispelled is that arbitration is cheaper and quicker than a court proceeding. While that is certainly possible, it is not usually the case. If you use an organization like AAA or JAMS, the administrative fees are very large. Remember, courtrooms and judges are generally free to the parties after the filing fee is paid. Also, Arbitrators are more frequently allowing full discovery, and their fees are ever-increasing. With arbitration, you not only need to pay your lawyers, but you have to pay the arbitrator as well, unless the applicable rules or your contract require one party to pay all arbitration costs.

Finally, the binding nature of arbitration is a double-edged sword. Sometimes the arbitrator gets it completely wrong. In a court setting, you would have an appeal to a three-judge panel to decide if the trial court was correct. That is not the case in arbitration. The arbitrator’s decision is final. Therefore, we have found that the right outcome is more likely to be achieved when multiple judges review a case than when a single arbitrator does. 

Before deciding on giving up your fight to a judge and jury, it is imperative that you consult with a seasoned litigator to weigh the costs and benefits of proceeding in an arbitration.

How Our Michigan Arbitration and Mediation Attorneys Can Help

At August Law, we bring decades of experience to help clients navigate the challenges they face. Our lawyers have helped with contract and business mediation in Michigan, as well as with a variety of arbitration proceedings. 

We can begin by advising you on the alternative dispute resolution strategy that best suits your case. We’ll also help you understand what you can expect from each of these options. 

If you’re going through a business dispute that contractually requires arbitration, our Michigan arbitration attorneys ensure that all parties involved have a clear idea of what the contract says and do everything possible to otherwise provide a fair hearing for everyone. 

We can also help clients through mediation by guiding them through the negotiation process. Our team can draft final agreements that address all issues settled in mediation, so that everything is clearly spelled out in writing. 

No matter which resolution strategy you choose, our team has a track record of experience and dedication to helping each of our clients find a resolution. With a call, you can get started. 

Schedule a Consultation With Our Michigan Arbitration and Mediation Lawyers

If you’re facing business disputes, you may be hesitating to consider legal action because of the fear of having to go to court. It’s vital that you know there are other options available. By choosing arbitration or mediation, you have a chance to get the assistance you need without the expense and delay of court proceedings. 

At August Law, we have over three decades of experience helping clients resolve disputes through alternative dispute resolution. From the moment you step into our offices, we’ll offer the attention and respect your case deserves. 

Whether you’re looking for business arbitration or mediation in Michigan, we can help. Don’t delay another day in finding a solution to these disputes. Contact our team of Michigan arbitration and mediation lawyers to learn more about our services.