Crosby, LLC
Christian Mediation / Arbitration Services for Out-of-Court Dispute Resolution
1.970.424.1305
westmediation@gmail.com
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What is Arbitration?
Arbitration is the process in which conflicted parties present their sides of a dispute to an arbitrator. Most of the process is conducted face to face. Each party is given an opportunity to explain the facts, events and situation from their own perspective, pesenting to the arbitrator facts and evidence. The arbitrator acts as the judge to decide how a matter should be resolved. Arbitrations may be binding or non-binding depending on the agreement of the parties.
Even if you never have to go through arbitration in your life, you could have the possibility of being involved in one through an arbitration clause. Arbitration clauses are included in all types of contracts like utilities, lease or purchase agreements, cable, cell or phone service, credit cards, or internet service, among many more.
Why Christian Arbitration?
The advantages of Christian Arbitration are many:
Primarily, Christian Arbitration leads to a more amicable resolution, placing emphasis on the heart and spirit, and the parties' relationship to God and to each other. Christian Arbitartion seeks wisdom from the Bible and the common, or natural law and is founded on faith in the Holy Spirit and an uncompromising belief in the power of prayer.
Second, is cost savings. The average legal proceeding, including court costs, legal fees, and supplemental costs, may be well over $20,000.00 per party. The cost of arbitration is generally less that $3,000.00 per party.
Third, in arbitration, there is little public record, so the parties may keep their privacy. By contrast, the parties in a court proceeding, and their confidential information, becomes public record through a court proceeding.
Fourth, the average time for a complicated legal proceeding to make its way through the court system may be over 1 1/2 years. An arbitration process is usually over in a few days of arbitration, some within a few hours.
Fifth, in private arbitration the rules of evidence and legal proceeding are very lax and therefore quite simple. In court these rules can be very stringent and frustrating. Arbitration is, therefore, far less cumbersome and complicated.
How Arbitration Works at West Mediation:
West Mediation follows the Alternative Dispute Resolution Guidelines
Dr. Crosby or Mr. Stanko can act as arbitrator, or as co-arbitrators bringing both their unique expertise to the awards process. The parties should consider the realitive expertise each arbitrator brings to bear on a conflict and the realitave importance the parties place on those areas of expertise.
The Details:
Arbitration
The first step is a consultation to determine if your dispute is suitable for arbitration.
This is about an hour office time.
Again, the next step are agreeable parties. All parties must agree in writing to submit to the arbitration process. Each party pays a $1000 standard fee that will begin the process and pays for the first 6 hours of arbitration. (single arbitrator)
(all fees are non-prorated and non-refundable).
(West Mediation requires a valid credit card on file for each party as a deposit against fees and costs. Visa/MC/Discover Accepted)
West Mediation encourages parties to have attorney representation at all arbitration proceedings.
Next, a suitable time and place will be selected by the parties for the arbitration proceedings.
The site should be convenient for both parties.
The parties will divide and pay any costs incurred by West Mediation,
(travel, meals, and/or lodging costs incurred by West Mediation + 10% service charge)
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Preliminary Hearing: This meeting, conducted by the arbitrator, is the first opportunity for the parties and the arbitrator to discuss the substantive issues of the case. Here, procedural matters such as the exchange of information, witness lists, and so forth, may be discussed.Parties prepare their presentations, and the arbitrator addresses any impasses or challenges related to sharing of information. The goal here is to arrive at the point where evidence and arguments may be effectivly presented at the hearings. Hearings: At this point, parties have an opportunity to present testimony and evidence to the arbitrator in order to determine a resolution. The arbitrator may from time to time adjourn proceedings to consider information and/or to conduct independent research. Post-Hearing Submissions: This is available as a process to provide parties with an opportunity to submit additional documentation, if the arbitrator allows. If this necessary, it usually occurs shortly after the hearings. The Award: |
Proceedings or hearings will extend for 6 hrs. If the proceadings / hearings exceed 6 hrs, (9 AM to Noon, 2 PM to 5 PM) the process will begin the next
day or best opportunity at 9 AM at a fee of $150/hr per party (single arbitrator)
plus any additional costs to West Mediation (as above) which will be divided and paid by the parties.
If Christian Arbitration seems like your best alternative to a
secular, costly, time consuming, public trial
call 1.970.424.1305
to begin the process towards resolving your conflict cheaply, quickly, and privately.
Visa, Mastercard, Discover Accepted
Disclosures:
Be aware:
1) the primary
purpose of West Mediation is to assist parties to reach a mutually
acceptable resolution of their dispute;
2) West Mediation cannot, and
will not, provide legal advice to either or both parties;
3) any documents
used and prepared by West Mediation are to be ancillary to the
mediation/arbitration process and are not intended to constitute legal advice;
4) West Mediation is not obligated to identify or resolve legal issues
beyomd the confines of the arbitration process;
5) the parties’ settlement
may be waiving or compromising legal rights; and
6) it is the responsibility
of the parties to obtain legal advice if they so choose.
Be
advised: Dr. Crosby is not a lawyer, and does not
represent himself as a lawyer. At no point will an Attorney/Client relationship
be formed or allowed between a mediation/arbitration client & Dr.
Crosby.
Dr. Crosby does bring to bear a
wealth of experience and education to the mediation/arbitration process.
Any
advice offered by Dr. Crosby is mere personal opinion and only offered upon
request and/or ancillary to the negotiation/mediation/arbitration process by
identifying and evaluating alternatives. In addition, Dr. Crosby may make observations which are an
obvious matter of fact or logic, may give feedback from the perspective of how
the mediator/arbitrator would react if he were a juror hearing this information,
and may ask questions to reality-test a party's expectations and understanding.
Links to Mediation
Information:
Mediation
Now
The Mediation
Channel
Beyond
Intractability
Definitions from
Wikipedia
Mediate:
Everything Mediation