Mediation and Arbitration
In both time and dollars, the cost of pursuing dispute resolution through the courts can be significant. Mediation and arbitration are two alternative dispute resolution (ADR) techniques through which the parties may be able to resolve their differences and avoid the experience and costs of litigation. In some cases, mediation or arbitration may be used to resolve certain matters between the parties while litigation is underway.
What is Mediation?
Mediation is an informal, voluntary, confidential, collaborative process wherein the parties work together with an impartial individual – the mediator – to discuss and reach a settlement on a disputed issue. Mediation tends to look forward toward solutions rather than looking backward on past behavior. Very significantly, mediation may help the parties avoid litigation by finding creative resolutions to complex issues before they require court intervention.
The mediator is a facilitator and neutral guide in the process, specially trained for the role. The mediator helps the parties find and understand options and reach agreements that benefit both sides. Mediation is generally considered a no-risk approach; if the parties cannot reach an agreement, they are free to pursue other methods of dispute resolution, including arbitration or litigation.
Mediation is often used in business situations to resolve issues between companies or individuals, as well as to reach settlements in personal challenges, such as divorce.
What is Arbitration?
Arbitration is another form of alternative dispute resolution. Instead of sitting down together with a neutral third party, as in mediation, parties to an arbitration present their evidence to a third-party impartial arbitrator (or panel of arbitrators) who, like a judge, hears witness testimony, reviews all of the material presented by the sides and then makes a decision that is either binding or non-binding on the parties.
Arbitration is often written into employment contracts and other agreements as a first line of dispute resolution. It is almost always faster and less costly than litigation.
Arbitrators, like mediators, are specially trained for their role and in many cases are retired judges with years of experience in the law. Arbitrators may also bring technical expertise to a dispute and may be selected by the parties because of that expertise. During the arbitration, the individual parties may or may not be represented by counsel.
Judge Richard Lyman | Mediator | Arbitrator
Since 1972, the Hon. Richard W. Lyman, Jr. (Retired) has assisted clients by creating an open dialogue, cutting through the underlying issues to help resolve matters effectively and efficiently. With grace, ease, and a powerful ability to communicate, Judge Lyman is a premier neutral arbitrator for advocates seeking resolution for their clients.
With more than 35 years of experience as an attorney and judge, Judge Lyman assists parties expertly in evaluating the risks and costs of continued litigation and helps them to negotiate resolutions in their best interests. He is committed to achieving resolutions that are fast, fair, and friendly. His ability to help you traverse your client’s dissonance whilst remaining steadfast and neutral enables Judge Lyman to be an essential but sensitive force in the mediation room.
Judge Lyman doesn’t just hear the issues on the table; rather he internalizes them and facilitates a plan to open up communication channels for all parties. Thereafter they have a base from which to resolve their differences. Judge Lyman's approach is to serve as architect of each mediated agreement indirectly which he considers an essential element in the mediation process. Most importantly, it is the primary reason why Judge Lyman should be on your short-list of prospective neutrals.
Judge Lyman serves as a Settlement Judge as well as an Early Neutral Evaluator and Mediator with the Los Angeles County Superior Court. Additionally, Judge Lyman serves on the private panel of ADR Services, Inc., in both Los Angeles and Orange Counties. His experience in business, real estate, and employment law, and his judicial background, create the perfect blend of subject specific expertise provide powerful authority for you and your clients when needed.
Judge Lyman will help you navigate through difficult and challenging disputes in:
Contact Foley Lyman Law Group LLP
If you are seeking legal counsel who will listen to your concerns, inform you of your options and represent you effectively, contact Foley Lyman Law Group at 310.706.4050 for a confidential consultation. You can also send us an email to obtain more information or schedule an appointment with one of our award winning employment and business lawyers.