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Arbitration and Mediation
Not every dispute belongs in a courtroom—and for many businesses, time, privacy, and control matter more than winning headlines.
At SJKP LLP, our Arbitration and Mediation practice helps clients resolve conflicts through strategic alternatives to litigation. We guide companies, investors, and individuals through domestic and international proceedings where efficiency, confidentiality, and precision are essential.
Whether you are facing a complex commercial dispute, a partnership breakdown, or a cross-border contract issue, our goal is to resolve it quietly, quickly, and on your terms.
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1. Understanding Your Options Choosing Between Arbitration and Mediation
The right dispute resolution method depends on what you value most—speed, cost, control, or enforceability.
Arbitration and mediation both avoid the courtroom, but they operate very differently. Our attorneys help clients understand these differences and choose the process that aligns with their goals.
We explain what can be decided privately, how to enforce awards globally, and what procedural safeguards protect fairness and confidentiality. We also review existing contracts to ensure dispute resolution clauses actually work when conflict arises.
Arbitration: A Private but Binding Decision
Arbitration resembles a private trial where an independent arbitrator (or panel) makes a binding decision. It’s faster and confidential—but limited appeal rights mean the result is usually final. We draft and negotiate arbitration clauses that define where, how, and under which rules (AAA, ICC, JAMS, or UNCITRAL) disputes will be resolved.
Mediation: Facilitated Negotiation, Not Judgment
Mediation is collaborative rather than adversarial. A neutral mediator helps the parties communicate and find solutions. There’s no binding decision unless both sides agree—making it ideal for ongoing relationships or emotionally charged disputes such as joint ventures or family-owned businesses.
2. When to Use Arbitration or Mediation Tailoring Strategy to the Dispute
Some disputes demand authority; others demand understanding.
At SJKP LLP, we help clients decide when to arbitrate, when to mediate, and when to litigate. Our attorneys assess the legal, financial, and relational dynamics of each matter to design the most effective resolution path.
For example, arbitration may suit international contracts or high-value commercial disputes, while mediation often resolves employment or partnership conflicts more efficiently and privately.
Arbitration Works Best For:
- Cross-border commercial contracts
- Construction, IP, and technology disputes - Investment and shareholder conflicts
- Cases requiring enforceable awards under global treaties (e.g., New York Convention)
Mediation Works Best For:
- Partnership, joint venture, or franchise disputes
- Employment and executive conflicts
- Family business governance issues
- Situations where preserving relationships matters as much as the outcome
3. Preparing for Arbitration What Clients Need to Know Before Proceedings Begin
The outcome of arbitration often depends on preparation—not persuasion.
Our Arbitration and Mediation team works with clients to control key aspects before proceedings start: the selection of arbitrators, governing law, discovery limits, and hearing format. We draft tailored submissions and evidence strategies that focus on efficiency and clarity.
We also manage document production, witness preparation, and procedural hearings with an emphasis on minimizing disruption to business operations. Every step is designed to protect the client’s position while maintaining professional credibility with the tribunal.
Choosing the Right Arbitrator
The arbitrator’s background often shapes the case outcome. We help clients select neutrals with the right mix of legal, technical, and industry experience—whether through institutional panels or independent appointments.
Managing Costs and Timelines
Arbitration can be faster than litigation—but not always cheaper unless managed carefully. We design procedural agreements that control discovery, expert scope, and deadlines to keep the process focused and predictable.
4. Mediation in Practice Turning Conflict into Agreeme
Mediation is not about compromise—it’s about control.
At SJKP LLP, we prepare clients for mediation with the same rigor as trial preparation. We define negotiation goals, prepare confidential position statements, and anticipate the other side’s leverage points. Our attorneys attend mediation sessions to guide discussions, protect legal rights, and document settlements that are enforceable and complete.
We also help clients integrate mediation into contract frameworks, employee policies, and partnership agreements to prevent small conflicts from escalating into litigation.
Before the Mediation Session
We ensure our clients are fully prepared—knowing their financial thresholds, best and worst outcomes, and fallback options. Preparation often determines whether a mediation succeeds or stalls.
After an Agreement is Reached
We draft settlement documents that close every legal gap—ensuring confidentiality, enforceability, and protection against future claims.
5. Common Areas for Arbitration and Mediation Where These Methods Deliver the Most Value
Arbitration and mediation are not limited to one industry—they span nearly every sector where conflict meets complexity.
At SJKP LLP, we regularly guide clients through alternative dispute resolution across diverse areas of law and business. These processes are especially valuable where relationships must continue, technical issues dominate, or confidentiality is paramount.
years of litigation and millions in legal fees.
Typical matters that benefit from arbitration or mediation include:
- - Bankruptcy and insolvency – plan confirmation, proofs of claim, preference disputes, and creditor conflicts.
- Cellular and telecommunications – tower lease disputes, service contracts, and spectrum allocation issues.
- Commercial and business disputes – breach of contract, unfair competition, and joint venture disagreements.
- Partnership, LLC, and shareholder conflicts – governance breakdowns, valuation disagreements, or fiduciary duty claims.
- Construction and engineering – delay, defect, fabrication, and design liability claims.
- Employment and labor matters – wrongful termination, discrimination, wage claims, and executive contracts.
- Environmental and regulatory issues – including CERCLA (Superfund) and state law equivalents.
- ERISA and benefits disputes – plan administration, fiduciary liability, and contribution contests.
- Fair housing and discrimination – claims under federal and state civil rights statutes.
- Family and Orphans’ Court disputes – trust management, estate administration, and family business governance.
- Fraudulent conveyances – asset transfer disputes in insolvency and creditor litigation.
- Healthcare and medical matters – billing, malpractice, and provider contracts.
- Insurance coverage – indemnity obligations, bad faith, and claim allocation disputes.
- Landlord–tenant conflicts – lease enforcement, rent abatements, and property maintenance disputes.
- Legal and professional malpractice – attorney or accountant negligence claims.
- Medical malpractice and personal injury – liability, damages, and causation assessments.
- Products liability and toxic torts – manufacturing defects, warnings, and exposure claims.
- Real estate and property law – tax assessments, boundaries, and mortgage or title disputes.
- In short: Arbitration and mediation bring flexibility, expertise, and closure to matters that would otherwise consume
6. International Arbitration Resolving Global Disputes with Confidence
In cross-border business, arbitration is the language of certainty.
Our Arbitration and Mediation attorneys represent clients in international disputes under ICC, SIAC, HKIAC, LCIA, and UNCITRAL rules. We coordinate multi-jurisdictional strategy, evidence, and enforcement to ensure that awards are recognized across borders.
We advise multinational corporations, investors, and state-owned entities in industries including energy, finance, manufacturing, and technology. Our cross-cultural and bilingual capabilities make us trusted advocates in high-stakes global matters.
Enforcing International Awards
We assist clients in enforcing arbitral awards under the New York Convention in more than 160 countries. Our team manages recognition, attachment, and recovery actions to turn paper awards into real results.
Cross-Border Strategy and Language Issues
We address translation, cultural, and jurisdictional challenges that often complicate global arbitration. Our bilingual attorneys coordinate local counsel and expert witnesses for seamless representation.
7. Why Clients Choose SJKP LLP Clarity. Control. Resolution.
We help clients resolve disputes without destroying relationships—or reputations.
At SJKP LLP, our attorneys understand that arbitration and mediation are not one-size-fits-all solutions. We tailor each process to the client’s industry, goals, and risk tolerance, combining negotiation skill with litigation discipline.
Our focus is practical: resolve quickly, protect confidentiality, preserve leverage, and move forward.
Because in business, peace of mind is often the most valuable outcome.
The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
Certain informational content on this website may utilize technology-assisted drafting tools and is subject to attorney review.
