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Home  /  The Courtroom  /  Alternative Dispute Resolution: Mediation & Arbitration
IN THE COURTROOM

Business Mediation and Arbitration

Most disputes end at a table rather than in front of a jury. We work both sides of that table, and sometimes the head of it.

Mediation and Arbitration Are Not the Same Thing

Alternative dispute resolution is the settlement of disputes outside of court. The two main forms get used interchangeably and they are fundamentally different.

Mediation is a negotiation run by a neutral third party who has no power to decide anything. The mediator moves between the parties, tests each side's position, and works toward an agreement. Nobody is bound unless they agree to be. It is confidential, comparatively quick, and it succeeds far more often than people expect.

Arbitration is a private trial. An arbitrator, or a panel, hears evidence and issues a decision, usually binding, usually with very limited grounds for appeal. It is faster and more private than court, but you are handing the outcome to someone else, and you generally cannot change your mind afterwards.

Which one applies is often decided by a contract you signed years ago rather than by preference.

Mediation and Arbitration Are Not the Same Thing

Two Ways to Work With Us

As your advocate

We represent you in mediation or arbitration, preparing the case, setting the strategy, and negotiating on your behalf. This is most of what we do.

As the neutral

Two of our attorneys are certified mediators and arbitrators. Where the parties want an experienced neutral, they can be engaged directly by both sides or appointed to run the process.

When ADR Makes Sense

  • When your contract requires it (check before you file anything, because many commercial agreements mandate mediation or arbitration first)
  • When the relationship is worth more than the dispute and litigation would end it
  • When the facts are embarrassing and a public court file is its own cost
  • When both sides want it over and neither wants to be the first to say so
  • When discovery in a full litigation would cost more than the amount in dispute

Not sure where your situation fits?

What We Bring to the Table

We know how the neutral thinks

Because two of us do the job. Understanding how a mediator reads a room and where they will apply pressure is a real advantage when you are the one being pressured.

We prepare as though it will be tried

Mediations settle on the strength of the position behind them. The side that arrives able to try the case negotiates from a different place than the side that arrived to negotiate.

We tell you what it is worth

Before the session, not during it. The client who has already decided their number is far harder to move than the one working it out under pressure in a side room.

Who Does This Work

William R. Lancaster

William R. Lancaster

Qualified mediator and arbitrator with a standing mediation practice across South Alabama, and forty years of trial experience behind it, over a hundred cases tried to judgment.

Jordan W Gerheim

Jordan W Gerheim

Certified arbitrator and mediator, and a litigator across construction, insurance, commercial, and employment disputes.

Mediation or Arbitration?

Often the contract decides. When it does not, the difference is worth understanding.

A negotiation run by a neutral

A private trial decided by a neutral

Nobody decides anything but you

The arbitrator decides, and usually it binds

You can walk away at any point

You are generally committed once it begins

Confidential, and usually one day

Confidential, and usually months

Costs a fraction of trial

Costs less than trial, more than mediation

Preserves the relationship

Ends the dispute, and often the relationship with it

How ADR Work Is Billed

Representation (hourly, with Partner discounts)
Representing you in mediation or arbitration is litigation work, billed separately from Partner Plans at discounted rates for Partner clients.
Serving as neutral, by the session
Mediator and arbitrator engagements are quoted per session or per day and are typically shared between the parties.
Usually cheaper than the alternative
A day of mediation is a fraction of what the same dispute costs in discovery, which is the real comparison.
FAQ

Frequently Asked Questions

Is mediation binding?

Not in itself. A mediator has no authority to decide anything. The process only produces a result if both sides agree to one. What is binding is the settlement agreement you sign at the end, which is why what gets written that afternoon matters as much as the negotiation that produced it.

Our contract has an arbitration clause. Are we stuck with it?

Usually, yes. Arbitration clauses in commercial contracts are generally enforced, and attempting to litigate around one costs time and money and rarely works. Read the clause carefully though. It governs the rules, the forum, the number of arbitrators, and who pays, and those details make a substantial practical difference.

Can OCL mediate a dispute we are already involved in?

Not if we represent you in it. Serving as a neutral requires being neutral, so the two roles are mutually exclusive in any given matter. If you already have counsel and are looking for a mediator, that is precisely the engagement our certified neutrals take.

How likely is mediation to work?

More likely than most people expect, particularly once both sides have seen enough of the case to be realistic about it. Timing matters: mediation too early fails because nobody knows what the case is worth yet, and too late fails because both sides have already spent the money they were arguing over.

What should we bring?

A decision-maker with actual authority to settle, a realistic number worked out beforehand, and the documents that support your position. The most common reason a mediation fails is that the person in the room has to call someone else before agreeing to anything.

Heading to Mediation or Arbitration?

Book a Risk-Free Strategy Session. Or if you are looking for a neutral, contact us about engaging one of our certified mediators directly.

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