There are many kinds of fiduciary disputes. They can be as simple as a single issue that needs resolving between two otherwise amicable partners or complex enough to involve multiple trusts and transactions. Resolving a fiduciary dispute can become an especially lengthy and expensive process once the courts become involved. At their core, fiduciary disputes stem from breakdowns in trust and communication. That’s why mediation and arbitration can be so helpful.
Alternative dispute resolution methods like mediation and arbitration offer a path to resolving conflicts outside of traditional litigation. At Gaslowitz Frankel, we specialize in guiding attorneys and their clients through the mediation and arbitration processes, helping to reach fair and efficient resolutions without the stress and financial drain often associated with trying a case.
Related Article: The Advantages of Mediation in Will and Trust Disputes
Why and When To Choose Mediation and Arbitration?
As attorneys, it’s natural to jump to litigation as the first choice to resolve a dispute – but our clients’ circumstances don’t always give us the ideal conditions to move forward with this resolution method. Whether it’s because the client only has a finite budget for attorney services, or it just doesn’t benefit them to have a drawn out legal battle, mediation and arbitration services can be great alternative options to achieve the outcomes your team is after, in the event that going to court isn’t viable.
The main difference between mediation and arbitration really boils down to who makes the final decision. Mediation leaves that decision to the parties involved, while arbitration relies on a third party to gather the facts and make a decision that binds the disputing parties.
When to Use Mediation
Mediation involves a neutral mediator who facilitates communication between the disputing parties. The goal is for the parties to reach a mutually acceptable agreement and thereby control the outcome of the dispute. The mediator is there to help the parties find common ground. Mediation is often the preferred choice when both parties are willing to collaborate and seek a compromise.
When to Use Arbitration
Arbitration, on the other hand, is more formal and structured than mediation. The disputing parties present their cases to an arbitrator, who acts similarly to a judge. The arbitrator’s decision is typically binding, with both parties having agreed at the onset that they will respect whatever outcome the arbitrator provides. Arbitration is known for its speed and cost-effectiveness compared to traditional litigation, and can be a great option for things like business disputes, which may not be as amicable as a typical mediation case would be.
How Gaslowitz Frankel Can Help
Gaslowitz Frankel is one of Georgia’s top mediation and arbitration law firms, specializing in alternative dispute resolution methods that are fair and efficient. Our experienced team can help facilitate mediation and arbitration for you and your clients in a safe, trustworthy environment. Whether you’re seeking to resolve an estate dispute, a business conflict, or something else, our attorneys are dedicated to finding amicable solutions for everyone involved.
Related Article: Alternative Dispute Resolution: What Are My Options?
Here at Gaslowitz Frankel, our goal is always to advocate for the best outcome for our clients. The key to a successful outcome regardless of the path you choose to take is connecting with an experienced attorney from the very beginning.
If you are seeking help finding a resolution for a dispute, we’re here to help. Contact us by filling out our contact form for a free consultation about your case.
