Mediation / Arbitration

Many legal disputes are resolved through mediation or arbitration. These alternative dispute resolution processes can benefit both parties in a dispute, allowing them to avoid the cost and an uncertain outcome at trial.

At Tin Fulton Walker & Owen, PLLC, we have prevailed in many high-profile, challenging cases. We appreciate that we are recognized as being one of North Carolina’s leading law firms and being listed as one of “America’s Best Law Firms” by U.S. News and World Report. Many of our attorneys have been recognized in peer-reviewed surveys as elite litigators and can protect your rights and interests in mediation or arbitration.

Mediation

In mediation, the two parties in a dispute agree to meet with a mediator, a professionally trained neutral third party. The meetings are voluntary, and the two parties in the dispute retain control of the process. The mediator offers an unbiased evaluation of the legal situation and suggests methods by which the legal dispute can be resolved.

The mediator facilitates dialogue between the two parties, interviews witnesses or other parties, reviews documentation, advises the parties on laws and regulations, and drafts non-binding agreements. Mediation can be the most productive alternative in resolving a range of disputes, offering the two parties several benefits:

Faster resolution: A lawsuit typically takes many months or years to reach a verdict. It is often in the best interests of both parties to resolve the matter more quickly.
More affordable: The cost of mediation is far less than the cost of resolving a lawsuit in court.
Confidential: The matters reviewed and discussed in mediation are confidential, rather than becoming public.
Better outcomes and compliance: Mediation does not involve a winner or loser but is a collaborative process to reach a mutually agreed-upon resolution which often leads to higher levels of compliance.
Preserves relationships: Important relationships, whether personal, family, or business, can be destroyed through years of contentious litigation. Mediation allows the two parties to work collaboratively towards resolution, and hopefully, preserve these relationships.

Arbitration

Arbitration is a formal process in which two parties in a dispute agree to abide by the decision of an impartial intermediary or panel of arbitrators. The process is similar to civil litigation. Each party in the dispute presents arguments to the arbitrator, who imposes a binding decision, which can be enforced through the court system.

The arbitrator holds the power to come to a decision through an arbitration agreement signed by the two parties. Arbitration allows the parties to resolve a legal matter more quickly and at less cost. Arbitration has several benefits:

Agreed-upon arbitrator: This allows both parties to be confident that the outcome will be unbiased and fair.
Faster resolution: Settling a legal issue through arbitration is far more practical than the months or years it may require to resolve a civil lawsuit.
Less costly: Arbitration is far less expensive than the costs associated with a civil trial. The rules of evidence are less restrictive, allowing for depositions to be presented instead of requiring the personal appearances of costly expert witnesses.
Privacy: The arbitration agreement can be kept confidential.
Final: Arbitration leads to a binding agreement that often includes giving up the right to appeal, making the decision final.

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If you are involved in a civil dispute, whether a family law matter such as divorce, employment law matter, a personal injury case, a civil rights matter, or a business dispute, mediation or arbitration may be the most effective method to bring it to a reasonable resolution in a timely manner. Your rights and interests must be protected throughout the process. At Tin Fulton Walker & Owen, PLLC, we provide professional, dedicated legal representation in cases resolved through mediation or arbitration.

Mediation

Arbitration

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