Gordon Arata Montgomery Barnett serves the business and legal communities with several trained and experienced mediators and arbitrators who are committed to conducting these processes with integrity, credibility, and a strong commitment to fairness. Many businesses now avoid complicated and expensive legal battles in the court system by turning to Alternative Dispute Resolution (ADR). The two most frequently used forms of ADR are mediation and arbitration.
Mediation is a nonbinding alternative to traditional litigation. The goal of the mediation process is to assist the litigants in reaching an amicable resolution by settling their lawsuit and dismissing any pending court action. Mediation is attractive to businesses because it allows the parties more flexibility in resolving their claims by reaching a business solution. The mediator facilitates a dialog between the parties to assist them in understanding the relative strengths and weaknesses of the positions so that each party may better evaluate the claims for settlement purposes. When parties are open to this process, a solid mediator can help the parties reach a fair settlement, even when the parties have lost hope that settlement is a realistic possibility.
Gordon Arata Montgomery Barnett mediators use their legal experience and strong business acumen to assist others in settling their cases. While the ultimate goal is to help the parties reach a settlement, we feel that it is important that each side walks away from the process knowing that they have reached a fair result. We are committed to helping them do this through mediation.
Unlike Mediation, Arbitration is a binding form of ADR that employs one or more arbitrators, who listen to both sides and make a final decision much like a judge. Unlike litigation, in arbitration the parties have some control over who will act as their arbitrators. Also unlike litigation, a final decision resulting from arbitration generally cannot be appealed. This can eliminate months or even years of post-trial appellate process. The lack of an appeal process is one of the main advantages to arbitration, saving the parties time and money.
Unquestionable integrity, legal scholarship, and business sense make our lawyers much sought after arbitrators—by both oil and gas companies and other businesses.