CKM Mediation
& Arbitration Services
CKM provides Arbitration and Mediation
for Disputes in Family Law, Personal Injury, Construction,
Contracts,
Partnerships,
Wills & Trusts, Employment and Real Estate.
Arbitration
and Mediation are forms of Alternative Dispute Resolution
that are increasingly being used by attorneys
and others
to avoid the cost and time involved in litigation through
the courts. They
are often included in contracts
and even mandated by
law, such as in Family Law cases in Whatcom, Skagit
and Island Counties and many other Washington counties.
Arbitration hearings
are similar to a court trial, but is usually much more
informal.
An arbitrator is hired to arbitrate on either a binding
or non-binding basis. After hearing the
testimony offered by
both sides and reviewing all of
the written evidence, the arbitrator gives his opinion;
this may be oral or written.
If the arbitration
is binding, that decision may be enforced just as any
other court judgment, unless there are errors
of law
that are appealed. If the arbitration is non-binding,
either party may take the matter to a further court
proceeding.
Mediation is very different
from arbitration. It
is a voluntary process; unless both parties agree in
writing to a settlement of the dispute there is no
agreement and the parties are free to proceed through
the legal system.
Therefore, although in Family
Law cases, the parties are required to mediate in good
faith, any result is
still voluntary. A mediator
is a neutral party that works with the parties to achieve
an agreed settlement.
Mr. Morgan employs the
shuttle method whereby the parties are in separate
rooms and he moves back and forth
sharing information
and attempting to create compromise on the part of
both parties. He is an evaluative style
mediator and generally shares his “advisory” opinion
of the strengths and weaknesses of both sides of the
dispute. However, as a Mediator he has no power
to impose a resolution as he would if he were engaged
as an Arbitrator. |