A courtroom can be very formal and intimidating if you are not used to it. Court systems often have complex rules of procedure that need to be strictly followed in order for the court to function properly. If you fail to follow the procedure, you risk losing your case, and all the time and effort you have put into it could be wasted. In addition to this, the fact that judicial decisions can only be made based on limited evidence further complicates matters.
In formal trials, most people hire local Arbitration and Mediation attorneys near you who are experts in procedure and evidence laws, but these licensed attorneys typically charge by the hour. Taking a case to court (and preparing for it) can take weeks, months, or even years, making litigation expensive.
Top-rated arbitrators, mediators, and conciliators typically perform the following tasks:
Parties who disagree can settle their personal or commercial disputes outside of court through arbitrators, mediators, and conciliators. These hearings are private, confidential, and less formal than a court trial.
If you are considering whether to hire an attorney to represent you in securities arbitration or mediation, here are some things to consider.
Regardless of whether you hire a good attorney, you may benefit from consulting The PACE Law School Investor Rights Clinic's An Investor's Guide to Securities Industry Disputes.
Finding a qualified lawyer for Arbitration and Mediation near you is the first step if you decide that hiring an attorney in my area is the right choice for you. Here are some tips from the Securities and Exchange Commission (SEC):
Currently, surveys indicate that the best Arbitration and Mediation lawyers near you charge between $375 and $1125 an hour, with the middle point being around $600.
In your first meeting, when you and the legal professional decide whether the lawyer can help, the lawyer may charge you a fixed or hourly fee. Most personal injury cases, like those involving personal injuries, feature a free consultation. Clients should ask whether they will owe money when they make the appointment.
Mediating a dispute is a dispute resolution process in which an independent person (outside of a court or arbitration process) is mutually appointed by the parties with an aim of facilitating an amicable resolution through discussions.
Whether you use a personal mediator on your own or a court-ordered one, all parties involved will receive confidential advice and consultation. This policy makes finding common ground easier during the proceedings. Any agreement that results from mediation is generally binding.
The legal mediator assists the parties in reaching an agreement. He does not decide the legal issue. In a successful mediation, the parties sign the agreement, whereas, in a contested arbitration, an arbitrator determines the outcome without the parties' consent.