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James Smith - Las Vegas Attorney > Arbitration and Mediation

Arbitration and Mediation

"I have more than 20 years of experience with mediation and arbitration. If you want your case treated fairly, I’m your guy" - James E. Smith

Arbitration and Mediation

As court trials and litigation have become more expensive, more delayed, and as governments are cutting back on court budgets and court access, alternative dispute resolution, such as arbitration and mediation, has become more commonplace.

What is Arbitration?

ADR is out of court negotiation, mediation, and arbitration of cases and claims.
The benefits of arbitration include quick results, a fair evaluation and the conclusions of lots of cases.

Court Certified Arbitrator

I have over 20 years of experience as a court arbitrator.  I have been an arbitrator for the Nevada District Court’s ADR (alternative dispute resolution) program for more than 20 years.

What is Mediation?

Mediation is really just negotiation between the parties with the addition of a third-party neutral person, the mediator, who attempts to bring the parties to an agreement to settle a case on a win/win basis instead of a win/lose basis as in a trial.

Court Certified Mediator

I have been conducting mediations for 22+ years. If you come to me with what you think is a contested case, I will do my best to mediate with the other party. Doing so avoids the cost of going to court, which is always my aim in serving my clients. This is possible for divorce, annulment, and personal injury. Even a DUI can sometimes be mediated down to a lesser offense.

In my opinion, it is best practice to avoid court altogether—through mediation. I have been successful in getting many of my clients what they want and need without going to court.

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Have a question about Arbitration and Mediation ask James E. Smith

Benefits of Mediation and Arbitration

Did you know? Nevada has a mandatory arbitration program for claims under $50,000. This is non-binding arbitration as the Court cannot make people waive their right to a jury trial. You can do a de novo trial if your case goes on an appeal from the arbitrator.

Nevada also has a mediation program that is not as active as its arbitration program. Many contracts, agreements, and insurance policies now have clauses requiring that the parties go to mediation and/or arbitration to settle any dispute rather than just going out and filing a lawsuit.

Besides not having to wait for a trial, you might consider arbitration in a civil case when you wish to preserve the relationship with the other person or business after the case is over.

Mediation and arbitration provide relaxed rules of civil procedure and evidence while allowing discovery, and either a mediation agreement or a decision by the arbitrator. Mediation does not require a trip to the courthouse, and many mediations and arbitration matters can be handled via teleconferencing or other communications equipment.

Cases I arbitrate and meditate regularly

  1. Breach of contract:  business, employment, insurance, real estate, covenants not to compete, business dissolutions.
  2. Divorce, domestic partnerships, pre-nuptial, post-nuptial, separation, custody, cohabitation agreements.
  3. Personal injury, products liability, intentional torts, discrimination, business torts, defamation, civil rights.
  4. High/Low arbitrations, binding arbitrations, and other scope-limited ADR proceedings and evaluations of cases and issues.
  5. Collaborative divorce or collaborative business dissolution working in a team of interdisciplinary professionals to try to sort out a negotiated outcome while spending resources on support sources for the parties rather than protracted litigation.

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