The Lakeside Solution

What:  A flexible process that offers the benefits of both mediation and arbitration. The parties present their best case in front of two neutrals; one serving as an arbitrator and the other as a mediator. The mediator does not take part in the arbitration process and has no interaction or communications with the assigned arbitrator regarding the case. The mediator is an observer during the arbitration, using the arbitration as a method of learning the parties’ positions on the law and facts relating to the dispute. At the conclusion of the arbitration, while the arbitrator is drafting their decision, the matter will move directly into the afternoon mediation segment of the process. The decision will be sealed and kept in the possession of the arbitrator. If the case resolves during the mediation process, no arbitration decision will be rendered or revealed to the parties. For the remainder of the process period, or until impasse is reached – whichever event occurs first – the mediator will work with the parties in an attempt to reach an agreed upon resolution of the dispute. If the parties successfully resolve their conflict in mediation, then they will draft a Mediated Settlement Agreement to settle the matter on their own terms. If the parties are unable to resolve their differences in mediation, then the Arbitrator’s decision will be unsealed and be binding on the parties. The Arbitrator’s decision will only be rendered and binding in the event the case does not settle during the post-arbitration mediation process. Why: Cost-efficient assured resolution of the case matter in a designated time frame. The parties get the...