When your legal dispute is referred for arbitration or mediation, it is important to  remember that you are  still involved in an adversarial legal process. You are entering an unfamiliar arena, where an experienced opponent may have the advantage.  If you agree to binding arbitration, you are giving up the right to appeal the decision.  William H. Michelson has more than 20 years of experience practicing before Arbitrators and Mediators, and being one himself.  As a charter member of the New Jersey Supreme Court's Civil Mediation system, he has mediated other people's cases over 100 times, and has become a Program Mentor to whom new Mediators can come to learn the process.  He has also practiced dozens of times before other Mediators or Arbitrators, with his own cases.  This can lead to settlements that save a great deal of time and money.

The difference between arbitration and mediation
    Mediation starts out as a way of arguing, for example, the interpretation of a clause in a contract, or a fair award for damaged property.  The Mediator works with the parties to resolve issues, and ultimately to forge an agreement.  He does not impose a decision, but rather, seeks to help the parties achieve an end to their dispute.  His insight into the details that have the parties at odds, whether legal or factual, is a valuable resource that can bring a quick, inexpensive end to what could otherwise become a protracted lawsuit.  He tries to earn the trust of the parties, and to serve as an intermediary between them.  Many lawyers use this opportunity to have an experienced Mediator tell their clients what he thinks of their issues, as they often trust the Mediator more than they trust their lawyers.   
    If the parties still can’t agree, the dispute might move to arbitration, where a neutral Arbitrator will listen to both sides and render a decision. In non-binding arbitration, the Arbitrator makes a decision, but the parties can reject the decision, and then move on either to binding arbitration or trial. In binding arbitration, the parties agree to abide by whatever the Arbitrator decides, and there is no appeal. 
    Each stage of this process requires preparation, strategy and high-level decision making, weighing the costs and benefits, and anticipating the consequences.  An experienced attorney approaches arbitration as he would a trial, meticulously preparing your case, researching relevant law, and weaving the material facts into a convincing presentation on your behalf.

The benefits of arbitration
    Arbitration is designed to reach a fair outcome, without the expense and time of a trial. When it is voluntary, arbitration helps many people who might otherwise be shut out of the justice system by high costs. However, arbitration is still an adversarial process, with each side presenting their case and rebutting their opponent’s. This is especially true if your opponent is a corporation with a mandatory arbitration clause in its contracts, and a staff of lawyers on retainer who specialize in denying claims like yours.   William H. Michelson has the professionalism and experience it takes to match a strong opponent.

The advantages of hiring a lawyer to protect your rights
    If you wouldn’t represent yourself in court, you should be even less inclined to try it in arbitration, which is privately funded by those who use the system.  The American Arbitration Association, which is the largest such entity in the business, has rules designed to root out overt favoritism, but many corporations who engage in arbitration know the system all too well.  We know the system too, and endeavor to obtain an outcome based upon the merits of your case, not who knows whom.

Contact an experienced New Jersey arbitration and mediation firm
    If your dispute has been, or should be, referred for arbitration or mediation, contact The Law Firm of William H. Michelson to discuss our assisting you.  We do it either as the attorney for a party, or as the arbitrator or mediator.  Call (908) 889-5200 or contact us online today.


The Law Firm of William H. Michelson is located in Fanwood , N.J., and serves clients throughout New Jersey, primarily in Union, Middlesex and Somerset counties