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Mediation &
Arbitration
Mediation is a non-binding,
confidential process that affords all parties the best opportunity
to air grievances in a protected environment, and to reach agreement
in areas thought irreconcilable. Mediation's non-binding and
confidential nature makes it a productive process.
As a mediator, Mr. Baker is not a judge, nor does he have the power
or authority to force a settlement on the parties. He is an advocate
for resolution, and uses his best good faith effort to assist the
parties in reaching a mutually acceptable settlement while
maintaining impartiality toward all parties.
Arbitration is a form of mediation or conciliation, where the
mediating party is given power by the disputant parties to settle
the dispute by making a finding. Arbitrators are not bound by
precedent and have great leeway in such matters as active
participation in the proceedings, accepting evidence, questioning
witnesses, and deciding appropriate remedies. Arbitrators may visit
sites outside the hearing room, call expert witnesses, seek out
additional evidence, and perform many other actions not normally
within the purview of a court. It is this great flexibility of
action, combined with costs usually far below those of traditional
litigation, which makes arbitration so attractive. |
