Litigation with John R. Foley serving as the judge and trier of fact.
At their most basic, mediation and arbitration are alternative means by which parties to what is, or what would be, litigation in the Courts, can resolve their disputes. As an arbitrator, Mr. Foley applies that same experience to make fair and just binding decisions on either specific case issues, or a complete resolution to a given dispute. Mr. Foley ensures that both parties are afforded the chance to explain their case in detail, and argue the merits of their claims and defenses, a setting that is far less formal and stressful that trial in Court.
Arbitration is the process of bringing a dispute before a disinterested third party (the “arbitrator”) for resolution. The arbitrator hears the evidence brought by both sides and makes a decision.
Arbitration is a more formal form of alternative dispute resolution (ADR) than mediation. It may be used in place of trial before a judge or jury so as to save the cost and time of going to court. Arbitration is binding just as a court order would be. Hearings are conducted on the record, following discovery protocols and rules of evidence as suggested by the arbitrator and agreed to by the parties.
Arbitration can be selected by parties for a portion of a case, such as how to divide personal property in a divorce case. Arbitration selected for a portion of a dispute is called limited issue arbitration. It is formal and binding, but it does not resolve the entirety of a case. Limited issue arbitration can also be limited for a period of time.
Full case arbitration occurs when the parties, whether by contract or after a controversy develops, agree to arbitrate their dispute instead of filing a lawsuit. The arbitration takes the place of a lawsuit and in many ways proceeds exactly as a lawsuit would except that it takes place in private. The parties can agree to confidentiality restrictions and other protections that are not always available in court. Indeed, a common reason to choose arbitration instead of litigation in the courts is the high degree of privacy the process allows. Arbitration can allow parties to avoid the public court system entirely.