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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.
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.
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
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
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
Want a number for your situation?
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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.
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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.