Mediation is a relatively inexpensive alternative to litigating a dispute in court. The process generally begins with the parties selecting a neutral mediator who will hear all sides of the argument and then propose a settlement or other type of resolution. The mediator is generally a retired judge, an experienced attorney, or a professional trained in conflict resolution.
For some individuals, mediation is an appropriate beginning. Mediation may also be a mandatory first step to conflict resolution if such a requirement is included in a contract. (For example, most real estate purchase agreements require that the buyer and seller attempt to resolve their dispute through mediation before they can arbitrate or litigate the problem.)
It is important that individuals have an attorney to represent their interests, especially if the opposing side has counsel. Otherwise, the unrepresented individual may be at a disadvantage from the start. At Szeto Law Group, we aggressively negotiate for our clients to reach the most favorable outcome.
Similar to mediation, arbitration is a less costly alternative to litigation. The arbitrator is generally a retired judge or an experienced attorney. The process begins with the parties selecting a neutral arbitrator who will weigh the strengths and weaknesses of each position and then issue a decision. Whether the arbitrator’s decision is binding (preventing the parties from later litigating the same matter in court) or not, depends on the type of agreement entered into by the involved parties prior to the arbitration. It is common that contracts will include a provision stating that binding or non-binding arbitration is required. In some of these contracts, there will also be a provision providing that the losing party will pay for the prevailing party’s attorney fees.
Whether the arbitration is binding or non-binding, it is important for individuals to have an attorney representing their rights and interests. At Szeto Law Group, we will relentlessly pursue and protect our clients’ rights and interests.
Small claims court is available to certain plaintiffs who seek $7,500.00 or less in their claim against the defendant. It is a quick, less expensive and more informal method to litigating a case. The hearing, conducted by a judge, usually takes only a few hours. Though parties may not bring an attorney for the hearing, individuals should seek advice from an attorney to understand their legal rights and interests, and the implications of their actions, prior to the hearing. An unsuccessful defendant may appeal the court’s decision. At this appeal, all parties are allowed to bring their attorneys. At Szeto Law Group, we make sure our clients go to court prepared to effectively present their case.
