ALTERNATIVE DISPUTE RESOLUTION AT CHANDLER & SHECHET, LLP

At Chandler & Shechet, LLP, our strong background in Alternative Dispute Resolution, as well as traditional law, allows us to present every option to our clients, and puts our clients in a better position when mediation or arbitration is chosen or required.

Our attorneys have completed significant Alternative Dispute Resolution training, and have been hired to mediate disputes and serve on arbitration panels.

Leigh Chandler graduated from Pepperdine University School of Law with a Certificate in Dispute Resolution from the Straus Institute for Dispute Resolution, which ranks number one as the best Alternative Dispute Resolution program in the country.

In addition to the 14 units of Dispute Resolution credit required for her certificate, Leigh took additional summer classes, completing a variety of in-depth courses in Mediation, Negotiation, and Arbitration.  Leigh also completed specific courses in Divorce and Family Mediation, Dispute Resolution and Religion, and the Psychology of Conflict.

Aaron Shechet completed 25 hours of basic mediation training and 6 hours of Advanced Disability Mediation Training in preparation for a mediation internship.  During his internship, he completed over 70 hours of Alternative Dispute Resolution Service at the Disability Mediation Center at Loyola University.  Aaron successfully resolved a variety of disputes ranging from landlord-tenant disputes to employment conflicts. 

Aaron has served as an arbitrator for the Santa Monica Bar Association, arbitrating fee disputes as part of a three member panel.


Most people have heard of two types of Alternative Dispute Resolution: Mediation and Arbitration.  Following, you will find a brief explanation of what Mediation and Arbitration are all about.


WHAT IS MEDIATION?

 

A simple definition of mediation is a form of dispute resolution where a neutral third party (a mediator), helps the parties to the dispute reach a resolution.  Attorneys often serve as mediators, and an attorney's knowledge of possible legal outcomes can be useful in assessing the fairness of a potential settlement. 

Some mediators take an active role in the mediation, making suggestions and offering ideas as the mediation progresses, while some mediators take a less active role, asking questions in order to help the parties come to their own decision.  Sometimes the parties are together for the entire mediation, and sometimes the mediator speaks to each party individually.  The parties to the mediation may be represented by their own attorneys, although the mediators often prefer to hear from the parties, and not from their lawyers.

Generally, a mediation will begin with an introduction by the mediator, followed by opening statements by each party.  After the opening statements, the mediator asks questions in order to gather all the information, identifies the issues that need to be resolved, and assists the parties in negotiating an acceptable settlement.  A mediation may last for several hours, several days, or several weeks.  If an agreement is reached, the mediator will usually draft a document outlining the settlement.

Courts often require parties to go to mediation before a case goes to trial.  Mediation is frequently used in highly emotional conflicts, such as divorce and custody disputes, where ongoing relationships make an amicable settlement crucial.  Mediation may be used to resolve disputes between family, friends, or neighbors, even where legal action isn’t contemplated.  Mediation may be used to resolve a dispute within a community. Some mediators specialize in corporate negotiations and disputes, resolving conflicts where millions of dollars are at stake.

 

WHAT IS ARBITRATION?

 

Arbitration is usually a more adversarial process than mediation.  In a typical arbitration, a sole arbitrator or a panel of three arbitrators listen to each party present his or her side of the case.  Attorneys are often involved, witnesses may testify, and evidence might be submitted.  At the end of the process, the arbitrators deliberate and render a decision.

Arbitrators, while  not bound by traditional court rules, are often governed by arbitration rules.  Arbitration may be used to resolve a dispute because an arbitration clause was included in a contract between the parties, because the parties agreed to participate in arbitration in order to achieve a quicker, less expensive result, or because a mandatory court arbitration program is in place.  

Arbitration awards are often, but not always, binding, and while there may be a right to appeal, it is usually limited.  It is important to note that where arbitration is mandated by a court, the arbitration award is of an advisory nature only.

Arbitration is especially effective when the matter of the dispute is very complex or technical, and an expert is needed to render a decision.  Arbitrators often have expertise in the subject matter of the arbitration, making them better able to understand complicated technical issues.  Arbitration is also very effective in situations where the dispute is entirely monetary.