Mediation and Alternative Dispute Resolution
At HLBS Law, we understand that legal disputes in the financial services industry can be complex, time-consuming, and expensive.
Mediation is a voluntary and confidential process in which an impartial third party, known as a mediator, facilitates communication and negotiation between parties in a dispute. The mediator does not make decisions or impose solutions but assists the parties in reaching their own mutually agreeable resolution.
Our securities attorneys support clients through the mediation and alternative dispute resolution process for a successful resolution of their claims.
Frequently Asked Questions
When is mediation or alternative dispute resolution appropriate?
Mediation is appropriate in any cases when parties seek a faster, less formal, and more cost-effective way to resolve disputes without the need for a full arbitration hearing or litigation. It’s particularly useful when both parties are willing to negotiate in good faith and prefer a private, confidential process. Mediation is ideal for cases where the parties want to preserve relationships or find a mutually agreeable solution that may not be achievable through litigation.
Who can benefit from mediation and alternative dispute resolution?
Investors, brokerage firms, and individual brokers can all benefit from mediation. This process offers a quicker, less adversarial, and often less expensive way to resolve disputes. Mediation is especially beneficial for parties who wish to maintain business relationships or seek a more collaborative approach to resolving their differences. Both sides can have more control over the outcome and work towards a solution that is satisfactory to all involved.
How does the mediation process work?
Both parties voluntarily agree to meet with a neutral mediator who helps facilitate discussions and negotiations. The process is informal and confidential, allowing each side to openly present their concerns and interests. The mediator does not make a binding decision, but instead guides the conversation, helping the parties explore potential solutions or an agreeable resolution. If both parties reach an agreement, they sign a settlement, resolving the dispute. If no agreement is reached, they can still proceed with arbitration or litigation.
Can I still pursue litigation after attempting mediation?
Yes, you can still pursue litigation or arbitration after attempting mediation. Mediation is a voluntary, non-binding process, meaning that if the parties do not reach a settlement, they retain the right to pursue other legal avenues. Attempting mediation does not waive your right to seek resolution through arbitration or the courts, and anything discussed during mediation remains confidential and cannot be used in subsequent legal proceedings.