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Mark A.W. Smith & Company
 Complexity, Simplified

 

 

Arbitration serves as an alternative to civil litigation, a neutral is retained to hear the arguments and evidence of the parties and to issue a ruling. At Mark A.W. Smith & Company we offer arbitration services in several areas: Small claims matters, customer v. vendor disputes, Homeowner builder disputes under a home purchase agreement, resolution of AI defense obligations where mediation has failed and  personal injury cases.

Key Benefits

  • Usually far less costly than civil litigation.
  • The ability to use a combined mediation/arbitration blend based on the same evidence and arguments.
  • Held at the convenience of the parties.
  • Simplified rules of evidence and discovery.

For  complex insurance coverage disputes we recommend a combined mediation and arbitration service. The neutral convenes the matter as a mediation. If the parties reach in impasse, the mediator publishes a proposed arbitration order (sometimes referred to as the Mediator's recommendation), which form the basis of further discussions. Only if the impasse remains intractable is the an arbitration hearing held to prove up the proposed order. A combined mediation and arbitration hearing allows the parties all the benefits of mediation, while assuring the finality and lower cost of arbitration, in the event that negotiations fail to produce a resolution.



 


 

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Last modified: 06/01/04