Mediation is a non-adversarial method of alternative dispute resolution (ADR) in which a neutral third party helps resolve a dispute. The mediator does not have the power to render a decision on the matter or order an outcome. If a satisfactory resolution cannot be reached, the parties can pursue a lawsuit or arbitration.
This form provides for negotiation, then mediation if the negotiation fails to resolve the issues. If both negotiation and mediation fail to resolve the issues, the parties arbitrate the dispute.
Oregon Mediation and Arbitration Agreement is a legal document that outlines the terms and conditions agreed upon by parties involved in a dispute or conflict to resolve their issues through alternative dispute resolution methods. This agreement aims to foster a peaceful and less adversarial approach, allowing parties to retain control over the outcome rather than relying on a court decision. Utilizing mediation and arbitration can help save time, money, and reduce the strain of a courtroom battle. In Oregon, there are two main types of Mediation and Arbitration Agreements: 1. Mediation Agreement: A mediation agreement is a voluntary process in which a neutral third party, known as a mediator, assists the parties in dispute to communicate and negotiate a mutual settlement. The mediator acts as a facilitator, guiding the conversation and helping the parties explore potential solutions. The goal is to reach a fair and satisfactory resolution that satisfies all parties involved. A signed mediation agreement is non-binding, meaning that parties are not legally bound to accept the mediator's suggestions or reach a settlement. 2. Arbitration Agreement: An arbitration agreement, on the other hand, involves submitting the dispute to an impartial third party known as an arbitrator. This option provides a more formal and legally binding resolution process. The arbitrator acts as a judge, reviewing evidence and arguments from both sides, and renders a final decision, known as an award. Once parties agree to arbitration, they are obligated to abide by the arbitrator's decision, which is binding and enforceable in court. Both mediation and arbitration offer distinct advantages over litigation, such as confidentiality, informality, flexibility, and the ability to choose an expert in the specific field of the dispute. Before signing an Oregon Mediation and Arbitration Agreement, it is recommended to consult with legal professionals familiar with alternative dispute resolution to ensure a comprehensive understanding of the process and each party's rights and obligations. In summary, the Oregon Mediation and Arbitration Agreement provides a means for parties involved in a dispute to resolve their issues outside of court. Through mediation or arbitration, the agreement aims to promote fairness, control, and a less adversarial resolution process. The types of Oregon Mediation and Arbitration Agreements include voluntary and non-binding mediation agreements and more formal, binding arbitration agreements. Parties should consult legal professionals for guidance on which option best suits their needs.
