Arbitration and Mediation
Dallas, Texas
W
e all know that litigation can be expensive and, even under the best circumstances, to some degree uncertain. For this reason, many people seek to use forms of alternative dispute resolution for contract disputes. Arbitration or mediation may be compelled by the terms of a contract, or it may be entered used at the agreement of both parties. Arbitration or mediation does not mean you don't need a lawyer--a lawyer is just as crucial in these types of hearings as in an actual courtroom.
The lawyers at Polewski & Associates are skilled business lawyers with considerable experience in business arbitration and mediation, and we know how to present a clear and compelling argument to mediators, arbitrators, and arbitration boards. Please call or email us today to learn how we can help.
Reasons for Arbitration or Mediation
Alternative dispute resolution of business disputes through arbitration or mediation may be sought by either party for a number of legitimate reasons, including:
- Saving the expense of litigation
- Seeking a quicker resolution
- Avoiding the uncertainty of courtroom proceedings
- Finding a fair compromise
- Resolving conflict in a way that reduces antagonism and allows for present and future cooperation
If handled properly, arbitration or mediation can do all these things, but sometimes businesses may seek arbitration or mediation for unscrupulous reasons, including:
- Guaranteeing a favorable outcome for them
- Removing your right to litigation
- Limiting their liability for negligent conduct
In these cases, the first thing your business lawyer can do for you is to ensure an arbitration or mediation proceeding will be fair to you, and, if necessary, seek a way to challenge, modify, or avoid an arbitration or mediation agreement.
Unfortunately, many arbitration agreements remain enforceable, despite their apparent unfairness. Sometimes, you don't even have to sign the agreement for it to be binding to you. We can look over your contract to determine what options you have to protect your interests.
Contracts Commonly Utilizing Arbitration and Mediation
Although two parties can always elect to utilize alternative dispute resolution instead of litigation, there are some contracts that commonly have arbitration and mediation written into them, including:
- Construction
- Real estate
- Insurance policies
- Employment
- Partnership agreements
- Dissolution of business
As part of our practice handling contract disputes, we have often helped our clients pursue their interests through arbitration and/or mediation.
In addition, we can help you write arbitration or mediation clauses into your contracts that will be enforceable under Texas and/or Federal law, which can be a big benefit to your business for many years to come.
Why Choose Polewski & Associates
John Polewski has extensive experience representing individuals and businesses through mediation and arbitration proceedings. He is top-rated by his peers through the Martindale-Hubbell Ratings System, and has been top-rated for both his legal skills and his ethics. He is well-known and respected by both lawyers and judges in the area, which can carry significant weight in arbitration and mediation, since arbitrators and mediators are typically lawyers and judges. Although your arbitrator or mediator will be impartial and will not be personally known to Mr. Polewski, a strong reputation can lend additional weight to well-reasoned arguments.
If you are involved in a dispute and are considering or facing arbitration or mediation, please contact Polewski & Associates today to learn how we can help you.
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Highland Park Place |
1229 E. Pleasant Run Road #120 |
117 N 8th St |
Call 972-228-1716 or
Toll Free 866-228-1716
