Source: NYC COURTS
With decades of practice in the legal industry, our skilled arbitration and mediation services professionals recognize alternative dispute resolution solutions and are adept in helping our revered clients. When your case needs a mediator, who can open doors to offer possibilities and craft creative solutions, we are your precise choice.
Al-Hakam Legal understands that mediated solutions and binding arbitration are not only ideal cost-effective and streamlined legal processes but also have a greater potential for flexibility and consideration of inimitable and individual conditions that are not necessarily attainable in a trial setting.
What are Arbitration and Mediation
Mediation and arbitration can help parties solve severe conflicts without the expense and hassle of litigation.
Mediation
In Pakistan, mediation has become one of the most widely used methods for resolving civil disputes during the past ten years. Today, mediation is widely used by attorneys, insurance companies, risk managers, and legal departments to assist settle claims and litigation as fast and effectively as feasible. Through its local offices, Al-Hakam Legal successfully mediates tens of thousands of disputes each year in a broad range of legal matters across the nation.
The disputing parties meet with the mediator in order to try and find a settlement that is agreeable to both sides during a mediation session. Although there aren’t any official court procedures or rules of evidence, a successful mediation depends on rigorous pre-mediation planning and organization. The mediator cannot make a ruling or compel the parties to accept a settlement, unlike a court or an arbitrator. However, in most situations, a professional mediator’s skills and expertise can contribute to a successful resolution of a dispute that would not otherwise be achievable.
What Kinds of Disputes are Settled through Mediation?
Disputes of every kind can be settled through mediation. The use of Mediation has been successful for tort claims, commercial and business disputes, construction issues, employee grievances, environmental claims, professional malpractice allegations, product liability claims, maritime issues, insurance coverage disputes, real estate interpretations, partnership dissolutions, securities-related disputes, domestic relations matters, and workers’ compensation claims.
If the Case Doesn’t Settle Through Mediation, What Happens?
Many cases are resolved during or shortly after the mediation session. The mediator may continue the negotiations over the phone if a settlement cannot be achieved during the mediation session, and in some circumstances, the parties may choose to hold a second session. The parties are free to explore additional options, such as arbitration or litigation, if a complete settlement cannot be agreed upon. Parties whose cases don’t settle in mediation at Al-Hakam Legal do not pay any additional administrative fee to proceed with arbitration through Al-Hakam Legal.
Mediation Cost
At the time a case is initially submitted, there is no filing fee needed. A basic administrative fee plus hourly or per diem costs for the mediator’s time are charged by Al-Hakam Legal offices; these fees are either pre-collected at the time of scheduling or invoiced after the mediation is over.
Although it is not unusual for one party to cover the full expense, the parties frequently concur to split the costs of mediation. A precise cost arrangement must be made before the mediation session even starts.
Which Cases Should be Referred to Mediation?
Any kind of case can be mediated, as was covered in earlier parts, and there are frequently lots of advantages to doing so. A list of qualities produced by Al-Hakam Legal is used to choose cases for mediation. Additionally, each Al-Hakam Legal office offers internal training on how to recognize mediation cases.
Arbitration
A neutral third party, an arbitrator, conducts an evidentiary hearing and/or examines written submissions from the parties as part of the arbitration process for resolving disputes. The arbitrator weighs the facts before reaching a decision that is enforceable in the same way as a civil court verdict.
In contrast to mediation, once you enter the arbitration process, you are obligated to follow the arbitrator’s ruling. A mutually agreeable resolution is negotiated through the mediation process, which is a form of negotiation.
Is Arbitration Determined as Final?
Except in extremely specific instances allowed by law, arbitration rulings are final, binding on all parties involved, and cannot be challenged. Any court with authority may confirm awards, and once confirmed, they take on the same legal significance as an initial court ruling. An internal appeal procedure is included in the rules of arbitration, but it does not apply unless the parties clearly specify as much in their contract to arbitrate.
Difference Between Arbitration and Mediation
Arbitration requires the presentation of evidence to an arbitrator for a legally binding decision. Arbitration can be successful, but it is generally more time taking and costly than mediation, and the parties give up control of the outcome (although high-low agreements can be used to provide a limited range for the decision).
Parties present informal evidence to a judge for an advised decision during a judicial settlement conference. However, there is always a chance that one party may vehemently disagree with an outsider’s assessment, particularly when it comes to case value, and the other party will be forced to settle for that sum. This may hamper future settlement efforts. The role of the mediator should be to assist parties in reaching a settlement, keeping in mind that practically every case settles anyway. Due to this, many people choose mediation over arbitration or settlement talks.
So, schedule your next mediation and arbitration with Al-Hakam Legal as our lawyers are skilled mediators and arbitrators offering services in the precincts of Family law, Supply contracts, Commercial Contracts, Collaborations, Disputes, Construction Agreements, Service Agreements, Joint Venture Agreements, Marketing Agreements, Sale Agreements and all such cases where complex financial issues exist.
Our services include:
- Forensic Services
- Legal Document Services such as Drafting and Vetting of Arbitration Agreements
- Disposition and Trial Service
- Complex Case Management
- Appointment of arbitrator through courts
- Representing the clients before the Courts and Arbitral Tribunals in Arbitration Petitions and Disputes arising out of agreements containing Arbitration Clause
- Directing clients toward the apt location of arbitration and choice of Procedural and Substantive Law
- Counseling the clients about Alternative Dispute Resolution Laws and Procedures
