Mediation and Arbitration Services
Through its affiliated firm, Mediation Dynamics®, Azoy Socorro has served as a neutral in hundreds of cases, encompassing civil litigation, premises liability, employment disputes, and personal injury matters. Mediation is one of the most effective tools for resolving disputes because it allows all parties to retain control over the resolution, rather than relinquishing outcomes to a judge or jury.
How Mediation Works
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The goal of mediation is to reach an amicable resolution through cooperative negotiation. The mediator facilitates dialogue using patience, persuasion, experience, and legal knowledge.
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A mediator remains neutral at all times. They neither favor nor pressure either party. However, the mediator may help clarify what a court might do in similar circumstances to help the parties understand realistic expectations.
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The process generally consists of joint sessions and private caucuses, with the mediator meeting separately with each party, then moving between them to encourage communication and negotiate terms.
Key Characteristics
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Voluntary & Confidential: Mediation is typically voluntary, and all communications during mediation are confidential. If required by court rules, the outcome may be documented with the court, but only with the parties’ agreement.
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No Binding Decision by Mediator: The mediator cannot impose a decision. If the parties agree, they draft a settlement agreement and sign. If no agreement can be reached, the mediator may declare an impasse.
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Control & Flexibility: Parties can stop the process at any time. Because mediation is non‑adversarial, it tends to be less costly and faster than traditional litigation.
Arbitration
Arbitration is an alternative dispute resolution (ADR) method that provides a more structured process than mediation and often results in a binding decision.
How Arbitration Works
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In arbitration, one neutral arbitrator—or sometimes a panel of arbitrators—is chosen to hear both parties present their evidence and arguments in a somewhat formal manner.
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Depending on the agreement between the parties, the arbitrator’s decision (called an award) may be binding, meaning it is enforceable by a court, or non‑binding, meaning parties may still pursue further legal action if dissatisfied.
Key Advantages
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Finality and Enforceability: When binding, arbitration provides a definitive outcome that is usually enforceable and with limited opportunities for appeal.
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Efficiency and Privacy: Arbitration is generally faster than court trials, with more control over the selection of arbitrators, scheduling, and the process. It is also private and confidential.
Comparative Summary
Feature | Mediation | Arbitration |
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Decision‑maker | Parties with facilitator help | Arbitrator or panel makes decision |
Binding | Only if parties agree and sign | Often binding, depending on contract or agreement |
Process Formality | Informal, flexible | More structured, akin to a mini‑trial |
Control over Outcome | High (parties shape the outcome) | Less—outcome determined by arbitrator |
Cost & Time | Generally lower and faster | More expensive and formal, but often quicker than full litigation |
Confidentiality | High; generally non‑public | High; but awards may be filed or enforceable through courts |
Contact Azoy Socorro today to serve as Neutrals in your matter.