Legal Mediation Arbitration
What is Binding Arbitration? Arbitration provides a private, fast and more cost-effective method of obtaining a final and binding resolution of a dispute that cannot be resolved through negotiation or mediation. It can be confidential by agreement between the parties. Arbitration is another form of alternative dispute resolution (ADR) and is a legal technique to resolve disputes outside the courts. Here, the parties to a dispute choose an "Arbitrator," whose decision binds the parties to a legally enforceable agreement. Some retired Judges serve as arbitrators due to their training and experience in hearing and deciding cases in court. Arbitration is a settlement technique in which a neutral third party (Arbitrator) reviews the case and issues a decision that is legally binding on both sides.
Alternatively, Non-Binding Arbitration: You can choose non-binding arbitration which is a blend of Mediation and Arbitration. Here, the Arbitrator mediates but also advises the parties on probable outcomes on issues that a Court decides; for example: in an injury case, a determination of liability and if appropriate an indication of the amount of damages or compensation payable. Although advisory only and not binding the Arbitrator's recommendations carry great moral weight when he is a retired District Judge and generally motivates the parties to settle their case. The parties retain the flexibility to reject the Arbitrator's recommendations or settle their dispute based upon the persuasive authority of the Arbitrator's advice.
Judge Granier's former law practice included representation of both Plaintiffs and Defendants. In arbitrating a case Judge Granier acts as a third-party neutral in resolving the case and does not represent any party in the Arbitration.
Why use Arbitration? Because its private, fast and significantly less expensive:
Arbitration Court Litigation
Private - Confidential - Informal
Public exposure of personal and business information in document filings in court, public court hearings and public formal trials
Completion: 1 - 2 days followed by a binding arbitration agreement (non-complex cases)
Completion: 1 - 4 years at trial level, then 1-2 years in appeals
Hourly fee: $175 per party/person or company
$175 - $350 per hour, per attorney for 1-4 years required to complete the court litigation process
In the court system, your case awaits resolution by a Judge systematically burdened with hundreds of cases. In Arbitration, your case merits singular attention by a retired District Judge focused on evaluating it and issuing a binding decision that finally resolves your dispute.
Systematically delayed in litigation or expeditiously completed in Arbitration.
Which would you prefer?
Kirk Granier is a retired State District Judge (1997-2008) and retired United States Circuit Military Judge U.S. Air Force (1998-2006). He received a Masters Degree in Judicial Studies from the University of Nevada Graduate School and National Judicial College as well as dual professional certifications in Judicial Development for General Jurisdiction Trial Skills (2001) and for Alternative Dispute Resolution Skills (2007). He also earned three professional certifications in Civil Mediation and completed one Course in Advanced Mediation Techniques from the National Judicial College at the University of Nevada where he served as a Faculty Facilitator for the Civil Mediation course.