Florida and Pennsylvania Business Attorneys Offering Years of Experience with Mediation, Arbitration, and Alternative Dispute Resolution
In the world of business law, intellectual property law and beyond, it’s not uncommon to find yourself in the midst of a dispute or disagreement. From contract disputes and allegations of breach of contract, to disputes amongst business partners, claims of copyright infringement, patent infringement, violations of non-disclosure agreements, disclosure of trade secrets and unfair competition, there are dozens of disagreements and legal situations that can land you in court.
But there are some alternative options available, such as mediation, arbitration, and collaborative practice that provide alternative dispute resolution, also known as ADR, to settle business related challenges. ADR can take several forms. While mediation is more cooperative in nature, some processes like arbitration are more adversarial, where a third party decides the case, much as a judge or jury would make a ruling in the courts.
Alternative dispute resolution can be quite useful for resolving business-related legal matters in a prompt, cost-effective and streamlined manner. These are just some of the legal services provided at the Daytona Beach, FL and Berks County, PA law offices of Sandman & Lankford, PLLC.
Law firm co-founder Attorney Lori J. Sandman is an experienced intellectual property and business lawyer. She is a respected and USPTO-certified patent lawyer, a board member and mentor with Trep Factory, helping entrepreneurs throughout the community, and an adjunct professor of patent law (along with business law and transactional law) at the Florida Coastal School of Law and at Embry-Riddle Aeronautical University. She is a member of the Volusia County and Florida Bar Associations, the Berks County and Pennsylvania Bar Associations, and currently serves as co-chair of the Volusia County Solo and Small Practice group.
Her partner at the practice is Attorney Melody Lankford, who has been in practice since 2004, following her graduation from Florida State University’s School of Law. A member of the Volusia County Bar Association and Networking Connects Women (amongst many other groups), she has many years of experience, working with independent contractors, small business owners and large corporations, helping with everything from business plans and employee relations, to intellectual property cases and business legal consulting.
The IP and business lawyers of Sandman & Lankford, PLLC are available to assist with a range of issues through alternative dispute resolution processes, including negotiation, arbitration, mediation, and negotiated agreements. Issues with patents, copyrights, trademarks, trade secrets and unfair competition can be resolved with experienced assistance from an ADR professional.
If you’re seeking to pursue mediation, arbitration or another alternative dispute resolution process to help settle a professional disagreement or business dispute, contact our Florida business attorneys to arrange a confidential consultation. Call 386-206-2898.
Common Questions Concerning Alternative Dispute Resolution, Arbitration, and Mediation
Many business owners have never encountered serious legal issues before, so it can be extremely stressful to find yourself amidst a contentious and heated business dispute. And while taking the matter to court is always an option, there are other solutions that can be just as effective, less stressful and confidential. Let’s take a look at ADR, including arbitration and business mediation and how these processes can be used to help settle your dispute, disagreement or another legal issue.
What is Mediation and How is it Used to Resolve Business Disputes?
Mediation is a cooperative process, where both parties work together to negotiate and arrive at a fair, mutually-agreeable resolution.
In a mediation setting, both parties may be represented by attorneys, who can serve in an advisory capacity, in addition to helping with the negotiation process. An objective third party – a mediator –works to ensure that the negotiations and discussions remain productive.
Mediation for business disputes can frequently lead you to a resolution and it’s especially good for scenarios where you need to continue working with the other party. For example, let’s say you’re at odds with a prospective business partner and simply cannot arrive at a mutually-agreeable contract for your partnership. You might opt to engage in mediation so you can arrive at a resolution that works for everyone involved.
Of course, mediation doesn’t always work. In many cases, you may proceed to arbitration or to the courtroom.
What is Arbitration? How is Arbitration Used to Resolve a Dispute?
Arbitration is a form of alternative dispute resolution, similar to mediation in that you have two or more parties, each with the option to have an attorney on-hand. There’s also one or more objective third parties known as an arbitrator or arbitral tribunal.
The arbitration process is similar to the process used in court. Each party presents their argument and at the conclusion of the proceedings, the arbitrator or tribunal will make a legally binding decision, just as a judge or jury would do. The parties typically agree to be bound by the arbitrator’s decision (although non-binding arbitration does exist).
While a mediator works to help both parties arrive at a compromise, an arbitrator simply evaluates both arguments and determines which argument has more merit.
What Are the Other Types of Alternative Dispute Resolution?
There are a few other types of alternative dispute resolution (ADR), such as neutral evaluation. Neutral evaluation can be a very effective tool, particularly if you’re unsure if you want to proceed to arbitration or the courtroom. Neutral evaluation usually involves an objective evaluator who’s familiar in the area of law that’s being discussed. Both sides present their case and the evaluator renders a non-binding evaluation on the case’s merits.
Neutral evaluation gives you a better idea of the strengths and weaknesses in your case (and in the other party’s case). This can help you to decide how (and if) to proceed in an effort to arrive at some sort of resolution or decision.
Another form of ADR is called collaborative law, although this form of ADR most often applies to family law and divorce cases, whereby the parties’ attorneys and other professionals work in a collaborative manner to arrive at a fair resolution.
Let Our Florida and Pennsylvania Lawyers Handle Your Business Dispute
Business disputes can get extremely contentious and heated, particularly when there’s a lot of money on the line. You can turn to the Daytona Beach and Berks County law offices of Sandman & Lankford, PLLC, serving Volusia County, Florida as well as Berks County, Pennsylvania and the surrounding regions.
Our law firm was founded by Attorneys Lori J. Sandman and Melody Lankford, who both work professionally in intellectual property law and business law. Attorney Lori J. Sandman is proud to be an independently practicing USPTO-certified patent lawyer, and she also teaches patent law, business law, and transactional law at the university level as an adjunct professor.
Attorney Melody Lankford also brings extensive IP and business law experience to the table. She is also a member of the Volusia County Bar Association and Networking Connects Women (amongst many other groups).
If you’re seeking a Florida or Pennsylvania business law firm to handle your dispute, turn to the law offices of Sandman & Lankford, PLLC. In addition to mediation, arbitration, and other ADR options, you can trust this legal team for help with a range of other matters, such as business contracts and agreements, patenting and trademarking, licensing, trade secrets and unfair competition, amongst other issues.
Contact our Daytona Beach and Berks County law offices today to arrange a consultation by calling 386-206-2898.