Arbitration results in a binding decision by a neutral. The arbitrator is selected by the parties for depth of subject matter expertise and wisdom about the dispute which he or she is call upon to decide.
Mediation might be viewed as facilitated negotiation. The parties maintain control over their case, fate and fortune. Rather that placing responsibility for a decision in the hands of a stranger, the parties, guided by the experience and understanding of qualified mediators make their own decisions, eliminating risk and stress.
A special master is generally a subordinate official appointed by a judge to make sure that judicial orders are actually followed, or in the alternative, to hear evidence on behalf of the judge and make recommendations to the judge as to the disposition of a matter.
The litigation should always be pursued with the settlement alternative. It is often difficult in the heat of legal battles to be mindful of the opportunities to resolve disputes. The panelists of California Arbitration & Mediation Services are available to analyze and advise either counsel or client on the development of strategies for resolving legal disputes.
The panelists of California Arbitration & Mediation Services were the earliest adopters of online dispute resolution. As a result, while others may be learning the ropes, we are constantly honing our skills in order to deliver a secure, dependable and understandable process in which attorneys and parties can place confidence.
In the workplace, in the courts, between the parties, facts can be slanted and strained in many ways. It becomes difficult if not impossible to remain objective and focused. A neutral fact finding makes his or her own investigation focused on finding the unvarnished truth in order to move the parties along.
The appointment of a Discovery Referee can be beneficial and cost-effective in complex litigation as these cases can involve issues of confidentiality and privilege or tend to be document intensive.
All of the panelists of California Arbitration & Mediation Services are available for Alternative Dispute Resolution Training. Most have chaired Continuing Education lectures.
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California Arbitration & Mediation Services is a not-for-profit mutual benefit corporation formed under the laws of the State of California. The panelists are independent contractors who are compensated directly for his/her services. All references to “Mediator” apply both to the lawyer Mediator and any other professional serving as Mediator, consultant, assisting the mediator or communicating with the parties regarding the mediation. Each Panelist is independently insured. Mediators serve with qualified judicial immunity from liability under California law (California Evidence Code §703.5 and Howard v Drapkin, (1990) 222 CA3rd 843).
