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What is Arbitration?Arbitration is a legal proceeding, more informal than a trial setting, during which both sides in a dispute offer their testimony and evidence to a neutral party, called the arbitrator. This is often a retired judge or an attorney of long experience. After a hearing of both sides, the arbitrator decides upon an award, a certain amount of money, to be given to one of the two parties.
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Why choose Arbitration?Simply put, you should consider arbitration because arbitration saves time, emotions and money. Arbitration is best for cases where the parties want another person to decide the outcome of their dispute, but would like to avoid the formality, time, and expense of a trial. It may also be appropriate for complex matters where the parties want a decision-maker who has training or experience in the subject matter of the dispute.
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How does Arbitration differ from Mediation?A mediator normally has no authority to render a decision. It's up to the parties themselves -- with the mediator's help -- to work informally toward their own agreement. An arbitrator, on the other hand, conducts a contested hearing between the parties and then, acting as a judge, rends a legally binding decision. Arbitration resembles a court proceeding: Each side calls witnesses, presents evidence and makes arguments. Although arbitration has traditionally been used to resolve labor and commercial disputes, it is growing in popularity as a quicker and less expensive alternative to going to court.
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What are the Arbitrators duties?It is the duty of the arbitrators to appoint a time and place for hearing the parties and making their award. In doing so, the arbitrator will hear evidence from both parties including testimony from the parties and/or witnesses including expert witnesses and review of documents presented by the parties. Arbitrators render a decision in writing called an “award.” The arbitrator must disclose to the parties any conflict of interest or potential conflict that might affect his or her impartiality in the case.
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How long does the Arbitration take place?Typical cases that go to arbitration such as auto accident claims are usually resolved after a half- day or, at most, a full day. Cases with multiple parties often last longer: Clients should add at least an hour to the arbitration time for each additional party.
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Can I force the opposing party to arbitrate?Unless there is language in a contract or provided by State Statute as in the case of labor disputes, arbitration is voluntary. It proceeds provided both parties are in agreement. This arbitration can be either "binding" or non-binding, depending on what kind of arbitration it is. In the case of personal injury claims, there are generally two types of arbitration. The first is not binding. In this type of arbitration, either side can reject the arbitrator’s award. If this rejection occurs, the matter proceeds to jury trial where no reference can be made to the arbitrator's award. In the case of binding arbitration, the award is final. The arbitrator's award is usually paid very quickly after it is rendered. Other kinds of disputes can also be settled through arbitration, if the parties involved so agree.
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What is the cost of Arbitration?The total cost for both parties from beginning to end for an arbitrated case, can be less than one retainer made by one party in a litigated case. A good range for the total cost of an arbitrated matter is between $2,000 – $5,500 depending on the time the arbitrator spends on preparing and presiding over the hearing and rendering a decision.
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Why Choose Connecticut Mediation & Arbitration Services for your arbitration?The most important reason to choose this arbitration firm is because of our personal arbitration skill and our commitment to integrity of arbitration processes and results, and because of our undivided emphasis on peaceful resolution of conflict outside of court. This is an arbitration firm, not a law firm that practices arbitration as a side business. The arbitrators of CT Mediation & Arbitration Services all believe passionately in alternative conflict resolution and strive to practice the principles of nonviolence in our personal and professional lives. We believe strongly in the benefits of arbitration to resolve your conflict and strive to remain educated and up-to-date on the newest techniques, news, and advancements in this area of the law.
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Why choose Mediation?Simply put, you should consider mediation because mediation saves time, emotions and money. Unlike in a litigated case, you and the opposing party remain in control. Also, mediation, particularly in the areas of personal injury, family and probate matters, are becoming a widely accepted practice in Connecticut. Attorneys who practice mediation adopt different styles of mediation, although the goal is the same no matter the style - settlement.
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What should a person expect from a Mediator?An experienced mediator remains neutral between the parties. That means the mediator can't give advice to either party and also cannot act as a lawyer for either party. What a mediator can do is to point out in open session to both parties things that each of them should be aware of concerning what they're trying to accomplish. Because both parties are working with the same base of information, it usually takes far less time to negotiate a resolution that makes sense to both parties.
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Can we still mediate even if we have attorneys?Simply put…yes. You are welcome to bring your lawyer to mediation, or you can use your lawyer as an advisor between sessions.
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Can I force the opposing party to mediate?Mediation is voluntary. It continues only for so long as all three of you - you, the other party, and the mediator - want it to. You can withdraw from mediation at any time, for a good reason, a bad reason, or no reason at all.
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Is Mediation cheaper than using lawyers?The short answer is yes. Many litigation lawyers charge a retainer fee of between $5,000 and $10,000 (for each party) for most average litigation cases and bill the client for services in addition to the time covered by the retainer. Once this initial retainer is exhausted, the attorney will charge a new retainer or invoice the client monthly. Average legal costs for litigated family law case is $20,000 per party. The legal fees will be substantially more in complex cases. The total cost for both parties from beginning to end for a mediated case, can be less than one retainer made by one party in a litigated case. Mediation fees range from $3,500 to $10,000 based upon the issues related in the matter. We work on a flat fee system for mediated matter. Please see our page on costs per mediated matter. "Costs" should be measured not only in dollars spent but also in the emotional cost to the parties.
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Does mediation really work?In a word, yes. Years of research have told us that parties who mediate their dispute are much more likely to have satisfaction with the process and the results than adversarial parties. The main advantage of mediation is that it keeps you and the other party in control of your own case. Mediation allows the parties to get through the process with less conflict than you would experience in an adversarial matter.
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How Long does a mediated matter take?How long a mediate case takes depends on the complexity of the issues and ability of the individuals to be flexible as they negotiate a fair agreement. The average mediated case takes at least four to five sessions (2 - 3 hours each) spread out over 3 or 4 months. More complex cases can take up to 6 months to complete.
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What if mediation does not work?Choosing mediation does not mean that you give up your right to go to court. If you decide that mediation is no longer right for your situation, you can stop at any time, retain a separate attorney and proceed with the traditional litigation process.
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Should I use an attorney trained in mediation or a non-attorney mediator for my mediated divorce?You should use an attorney trained in mediation as opposed to someone who is just a mediator because a mediation attorney can provide the legal information needed to address all the complexities of the case. Divorce, probate and personal injury are complex legal topics and an attorney trained in mediation can provide clear concise and comprehensive options on all the aspects of the case matter. However, the mediator is not serving as a lawyer and cannot provide legal advice to any party. We encourage our clients to seek legal counsel to review the agreements and discuss the settlement.
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Why choose CT Mediation & Arbitration Services for your mediation?The most important reason to choose this mediation firm is because of our personal mediation skill and our commitment to integrity of mediation processes and results, and because of our undivided emphasis on peaceful resolution of conflict outside of court. This is a mediation firm, not a law firm that practices mediation as a side business. The skill set to be a great mediator is not the same skill set to be a great litigating attorney. Thus, no mediator for Connecticut Mediation & Arbitration Services will boast about their litigation experience or their prowess in court in the context of showing that as a reason to hire them as a mediator. In our view, what makes a great mediator is the ability to listen, to be trusted, to facilitate conversation and negotiation, and to bring people to authentic, voluntary agreement. What makes a great mediator is when people gain better understanding of their conflict and the deepest most fundamental interests driving the conflict, and then find resolutions that address those needs and thus solve the conflict at its root. What makes a great mediator is when people walk away from mediation feeling they have had an experience that was positive, healing, and aimed toward resolution, even if they didn’t sign an agreement that day. What makes a mediator great is when people know they have tried their best with a resourceful, trusted, and creative mediator, and left no creative stone unturned in finding a path to agreement. The mediators of CT Mediation & Arbitration Services all believe passionately in mediation and strive to practice the principles of nonviolence in our personal and professional lives. This is not to say that we shirk away from conflict. Indeed, some conflict should be litigated. But all options will be examined before sending a person into litigation. No stone will be left unturned to help parties resolve conflict voluntarily, using the many resources available. Your goals are discussed in advance of the mediation and a process will be individually tailored to meet your needs. Our mediators are certified and trained. We believe strongly in the benefits of mediation and strive to remain educated and up-to-date on the newest techniques, news, and advancements in this area of the law.
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