Are you searching for a proven San Diego mediation and arbitration attorney?  The Watkins Firm has served the San Diego business community for more than four decades.  Our experienced business litigation attorneys have an extensive successful track record of resolving business disputes and representing our clients in business mediation or arbitration.

Tools for Resolving a San Diego Business Dispute

A large percentage of business related disputes will require mediation as a tool for resolving the issue(s) at hand.  Arbitration is one of the legal remedies specified in many business contracts.  It is important to understand the basic differences between mediation and arbitration.  Each legal venue has advantages and disadvantages.  Your experienced Watkins Firm attorney will guide you through the challenges at hand and provide sound counsel as you evaluate your options to resolve a business dispute.

What is the Difference Between Mediation and Arbitration?

Both mediation and arbitration involve the participation of a neutral third party who guides the parties through their dispute.  Mediation is a much less formal environment.  The mediator begins by working to understand the perspective and concerns of the parties and to get to the core issue(s) associated with the dispute.  An effective mediator helps each side understand the strengths and weaknesses of their position.  The mediator works with each party and their legal counsel to identify options and ultimately craft a resolution which resolves part or all of the dispute.  Neither party is bound or obligated to implement the recommendations of the mediator or to reach an agreement which will resolve the dispute.  Mediation is a confidential environment, and the conversations, communications and positions taken in mediation cannot be brought into any subsequent proceeding.

Arbitration is designed to ensure the matter is resolved in a fairly short time frame.  The neutral arbiter has much more authority.  Arbitration does incorporate many legal standards without many of the motions or legal maneuvers which delay things in a normal trial.  The arbiter has the authority to establish the process to be followed, marshal evidence, interview witnesses, and ultimately issue a “decision” to resolve the dispute.  The decision of an arbiter is almost always final in a business dispute and cannot be appealed except in rare cases of fraud or collusion.

Pro-Tip: “because we start with this chronology and all of our philosophies on how to prepare a case, we’re ready to go to trial. And we’ve tried lots of cases. If it’s a trial, we really enjoy jury trials. If it’s a, uh, arbitration, we’ve been around so long, we’re comfortable with the arbitrators. Now you bring in former superior court, judge Jones, and he’s going to go back and forth and have the purpose of settlement on his mind, which is what we both want. And a lot of times here’s the thing why don’t settle.

I’d say 50% of our cases don’t settle at mediation, but after a good mediation a month or two later, it’ll settle because of the mediation. Some mediators actually call us a month after when we came so close and say, ‘Dan, what can I do? Do you want me to call the other side?’ I’ll say, ‘yeah, good idea. Call the other side.’ And then he’ll call the other side. And they’ll their clients have calmed down. They’re relaxed and we’ll settle. We have to get to that 95% somehow. So there’s a lot of different ways using the ADR formula with the court has alternative dispute resolution systems, using them to your benefit. Understanding them gives you the best result in 95% of the cases, which is how they resolve.

Arbitration is when you have an agreement in your contract that says, I’m going to resolve this by arbitration and it’s usually quicker and cheaper, but you waive the right to a jury trial and the arbitrator himself can be very expensive. But in the long run, waiting to go to trial for two and a half years and waiting for a judge who has an overburdened docket can be just as risky. So arbitrations are great. They cut to the chase and you really don’t have a lot of time for dramatics. You have to have accurate law and facts when you go in and it’s usually decided by your arbitration brief because the judge knows when he sees a case that has no merit or has great merit.” – Dan Watkins, Founding Partner

You Need a Proven San Diego Mediation and Arbitration Attorney

If you are involved in any form of business dispute or litigation you need a proven San Diego mediation and arbitration attorney.  You attorney’s ability to successfully resolve a business dispute in cost-effective and timely manner saves a substantial amount of money while protecting your interests.

If you are searching for legal representation and a proven San Diego mediation and arbitration attorney we invite you to review our podcast Episode 11 – Business Dispute Resolution as well as the strong recommendations of our clients and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation today.