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MEDIATION/ARBITRATION
In mediation/arbitration, the mediator becomes an arbitrator and renders a binding decision either following or proceeding the mediation process. This format blends elements of negotiation, mediation and arbitration. This process encourages the parties to create their own best settlement under the threat of having one imposed by an arbitrator. This procedure assures the parties there will be a resolution to their dispute. We offer two types:
Final Offer Mediation/Arbitration
First, a mediation procedure occurs for a certain time period. Following the mediation portion of the process, the parties make final offers of settlement, sealed or unsealed. The discretion of the neutral is limited to the final offers given. The neutral chooses one or the other, and nothing in between, as the final settlement figure for the case. The selection of the neutral is binding on the parties. The parties maximize their control over the final settlement figure.
Arbitration/Mediation
This procedure has the neutral act first as an arbitrator then as a mediator after an arbitration decision has been reached but not revealed. The arbitrator reveals the arbitration results only if there is no settlement agreement reached in a subsequent mediation conducted over a certain period of time. The arbitration award is binding on the parties but is not published and is discarded if a settlement was reached.
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