Alternative Dispute Resolution allows parties to resolve issues without undergoing the risk and expense of trial. Alternative Dispute Resolution typically takes on two forms – mediation and arbitration.
Mediation is a process in which parties to a dispute and their counsel meet with each other and with a mediator. A mediator is a neutral party trained to assist parties in negotiating a settlement of their case. Mediation is required for all civil cases filed in Greenville County and for all cases filed in the United States District Court for South Carolina.
We Represent Clients in Both Arbitration and Mediation
An arbitrator renders binding decisions regarding disputed matters, which can be entered into judgments. The arbitrator typically takes the place of a judge and jury and hears evidence and testimony in the cases presented. The advantage of arbitration is that it is usually a less formal proceeding than a trial, and an arbitration hearing can be scheduled at the convenience of the parties, avoiding long court dockets and unpredictable trial dates. The cost of arbitration is usually less than that of preparing for trial.
Lee Plumblee has been trained and certified by the South Carolina Supreme Court as a mediator. Since 1998, he has conducted over 2,000 mediations in all manner of civil cases, including:
- Automobile Accident
- Tractor-trailer or Common-carrier Accidents
- Premises Liability
- Products Liability
- Medical Malpractice
- Legal Malpractice
- Construction Disputes
- Contract and Business Disputes
- Employment Disputes
- Real Estate Disputes
- Estate and Probate Disputes
Most attorneys who have retained Lee Plumblee as a mediator have returned repeatedly. Additionally, Mr. Plumblee has served as an arbitrator in cases involving the abovementioned types of disputes.
Contact us for more information on how we can assist you in resolving your disputes economically and efficiently through mediation and arbitration.
Frequently Asked Questions
What is the difference between arbitration and mediation?
Mediation is a voluntary process in which a neutral mediator helps the parties negotiate a mutually acceptable resolution. Arbitration involves a neutral arbitrator who hears evidence and issues a decision that may be binding or non-binding, depending on the agreement between the parties.
What types of disputes can be resolved through arbitration or mediation?
Arbitration and mediation can be used to resolve many types of disputes, including business and commercial disputes, contract disagreements, construction claims, insurance disputes, personal injury matters, employment issues, and other civil conflicts.
What are the benefits of mediation?
Mediation is often faster, less expensive, and more confidential than traditional litigation. It also gives the parties greater control over the outcome and can help preserve business or personal relationships.
Is arbitration faster than going to court?
In many cases, arbitration resolves disputes more quickly than litigation because it typically involves fewer procedural requirements and more flexible scheduling.
Is mediation legally binding?
The mediation process itself is not binding. However, if the parties reach an agreement and sign a settlement, that agreement generally becomes legally enforceable.