LAKESIDE MEDIATION CENTER
INNOVATIVE ECONOMICAL TOOLS FOR RESOLUTION OF YOUR CASE…
THE LAKESIDE SOLUTION™
The Lakeside Solution™ is one of our firm’s newer resolution programs, a process that assures a one day resolution of cases with demands in the $150k and below range. The Lakeside Solution™ may be an elegant cost-efficient vehicle for your dispute in that it offers the advantages of both arbitration and mediation in a one-day process, which provides certainty of resolution. For more information on Lakeside Solution™call 512-477-9300 to discuss with one of our mediators. See how it works, below.
- Advantages of the Lakeside Solution™
- Cost efficient assured resolution of the case matter. The program designed for cases with under $150,000, but is adaptable to larger cases as well.
- The parties get the benefit of having their “day in court” as well as the option of being in charge of an alternative settlement decision during mediation, prior to the arbitration decision being formerly rendered.
- Finality: Certainty of resolution in a one day process.
- Certainty of cost for a full and final resolution of your case.
- Opportunity for counsel to leverage both the mediation and arbitration process on behalf of their clients.
- Failsafe mechanism for finality by virtue of binding arbitration decision absent a mediated agreement.
Here’s how the one day Lakeside Solution™ works:
- The parties agree to participate in this process that will result in either a mediated settlement or (absent an agreed settlement) a binding arbitration determination on the merits of the dispute.
- For cases accepted for this program (based on the complexity of the dispute and damage models), the procedure is as follows:
- Parties may pre-submit arbitration and mediation briefs.
- On the day selected for the Lakeside Solution™ process, the parties convene in the a.m. for a brief joint session before the assigned Arbitrator and Mediator for an explanation and overview of the Lakeside Solution™
- Following the brief overview session, the Parties and their counsel will present their respective cases in a morning arbitration proceeding presided over by one of Lakeside’s neutral arbitrators. A separate Lakeside mediator will observe the arbitration proceeding. The mediator does not take part in the arbitration process, and has no interaction or communications with the assigned arbitrator regarding the case during either the arbitration or mediation segments of the process. The mediator is an observer only during the arbitration session, utilizing the arbitration segment as a method of learning the parties’ positions on the law and facts relating to the dispute. At the conclusion of the arbitration, the arbitrator will withdraw and work on the drafting of the arbitration decision. The decision will be sealed and kept in the possession of the arbitrator. Neither the mediator, nor the parties, will have access to the arbitrator’s decision/award during the process.
- After each side has presented its arbitration case, the matter will move directly into the afternoon mediation segment of the process. For the remainder of the process period—or until impasse is reached—the mediator will work with the parties in an attempt to reach an agreed upon resolution of the dispute. At no time during the Lakeside Solution process will the mediator possess any knowledge of the arbitrator’s thought processes or arbitration decision/awar, nor will the mediator and arbitrator discuss the merits of the case.
- If the case resolves during the mediation process, no arbitration decision will be rendered or revealed to 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 segment of the Lakeside Solution process.
- If the case does not resolve during the mediation, the Arbitrator’s binding decision will be rendered as the full and final resolution of the case, and will be binding on the parties to the process, as with “typical” arbitration decisions.
- The total turnkey cost for this process is a flat fee, split equally between the parties, inclusive of both the arbitration and mediation, lunch, snacks, etc.
Note: In the event the case is not resolved during the mediation segment, and prior to the opening of the arbitration decision, an award for the prevailing party is subject to the granting, if allowed by law, of costs and attorney fees.
Parking is always free at Lakeside (and so our giant deck and view of Lake Austin).
For more information about the Lakeside Solution™, or to discuss whether your case is appropriate for The Lakeside Solution™, please call to speak to one of our dispute resolution experts.