Mediation & Arbitration Attorney - Boca Raton

Arbitration clauses have become more common as businesses have attempted to reduce the costs of litigation expenses. Frequently, however, these clauses have the most detrimental impact upon the consumer. Arbitration clauses usually require a person to try their case in front of one or more arbitrators rather than in front of a judge or jury. In addition, the Rules of Evidence do not apply as strictly in an arbitration proceeding. This results in the exclusion of the admission of evidence in a court trial. These provisions may save the business money, but they can cost the consumer his or her rights.

Many confuse Arbitration and Mediation often, but they are very different proceedings. An arbitration is a formal proceeding  and the dispute between the parties is tried in front of a third-party arbitrator, who, at the conclusion of the case renders a decision. That decision of the arbitrator is usually binding upon the parties and can easily convert to an enforceable Final Judgment.

In contrast, mediation is an informal proceeding whereby the parties agree to meet in an attempt to reach a settlement agreement. If the parties cannot reach an agreement, there will be a declaration of an impasse. Therefore, the parties simply continue to litigate their claim. The mediator does not make any decisions and cannot compel any of the parties to resolve the claim.