Seikaly & Stewart PC v. Fairley et al

Filing 1

COMPLAINT. Filing fee received: $400.00, receipt number PHX 0970-9418622, filed by Seikaly & Stewart PC. (submitted by Michael Pianin) (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Civil Cover Sheet)(REK)

Avoiding Lawsuits: Alternative Dispute Resolution | oaklandbusinesslawyers.com

Page 1 of 4

Name:
Email:
Phone:

Enter
Code:
Send to My Email!

Home
About Seikaly & Stewart
Our Services
Our Website
Subscribe
Contact

Avoiding Lawsuits: Alternative Dispute
Resolution
by Seikaly & Stewart on February 26, 2012
With the Michigan court system bogged down with cases, it is surprising that most disputes don’t
actually end up in court. In Alternative Dispute Resolution (ADR), trained, impartial persons known as
“neutrals” decide disputes or help parties decide disputes themselves.
In mediation, a neutral mediator assists the parties in reaching a mutually acceptable resolution to their
dispute. The mediator does not decide how the dispute is to be resolved, the parties do. Mediation is a
cooperative process, in which the parties work together toward a resolution that tries to meet everyone’s
interests, instead of working against each other. It is quite common for courts to order cases that have
been filed and prepared for trial into mediation whether the parties like it or not. The parties (not the
court) have to pay the cost of the mediator, and, if successful, save that court the time and expense of
trial. Since the court may force the parties to mediation anyways – after much has been spent on

mhtml:file://W:\RAIN\Claim against Rainmaker\Complaint and Exhibits\Ex 2 - Avoiding ... 4/16/2013

Avoiding Lawsuits: Alternative Dispute Resolution | oaklandbusinesslawyers.com

Page 2 of 4

litigation, it may be wise to consider an early mediation in the right case.
In arbitration, a neutral arbitrator reviews evidence, hears arguments, and makes the decision to resolve
the dispute. This is very different from mediation where the mediator helps the parties reach their own
resolution. Arbitration is normally much speedier and less expensive than a lawsuit. Because of the large
number of cases awaiting trial in Michigan courts, a dispute normally can be heard much more quickly
by an arbitrator than by a judge. Often a case that may take a week to try in court can be heard by an
arbitrator in a matter of hours.
In case evaluation, a neutral evaluator gives an opinion on the strengths and weaknesses of each party’s
evidence and arguments, and makes an evaluation of the case. Each party gets a chance to present the
case and hear the other side. This may lead to a settlement, or at least help the parties prepare to resolve
the dispute later on. Case evaluation, like mediation, can come early in the dispute and save time and
money.
If you are a Michigan business owner in the Farmington Hills area or within Michigan with more
questions about defenses to contract disputes, contact Seikaly & Stewart, P.C. at [phone], or
email them at [e-mail].
Previous post: Contracts of Adhesion: Review of Standard Form Business Contracts
Next post: Attorneys’ Fees Provisions in Business Contracts

Case Inquiry
Your Name (required)
Your Email (required)
Subject

Your Message

mhtml:file://W:\RAIN\Claim against Rainmaker\Complaint and Exhibits\Ex 2 - Avoiding ... 4/16/2013

Avoiding Lawsuits: Alternative Dispute Resolution | oaklandbusinesslawyers.com

Page 3 of 4

Enter Security Code Below:

Send

Categories
Business Law
Business Partnerships
Business Structures
EEO
Environmental
FMLA
LLCs
Partnerships
Patent Infringement
S Corporations
Trade Secrets
Trademark
Uncategorized
Whistleblower
Worker's Comp

Archives

September 2012
August 2012
July 2012
June 2012
May 2012
March 2012
February 2012
April 2013
M T W T F S S
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28

mhtml:file://W:\RAIN\Claim against Rainmaker\Complaint and Exhibits\Ex 2 - Avoiding ... 4/16/2013

Avoiding Lawsuits: Alternative Dispute Resolution | oaklandbusinesslawyers.com

Page 4 of 4

29 30
« Sep
©Copyright Oaklandbusinesslawyers.com 2013 All Rights Reserved.
Seikaly & Stewart, P.C. - Michigan Business Litigation Attorneys
30300 Northwestern Highway Suite 200, Farmington Hills, MI 48334
Disclaimer | Sitemap
Attorney web design by The Rainmaker Institute, the best law firm marketing company, offering
blogging, social media and SEO for attorneys Free legal marketing report for lawyers

mhtml:file://W:\RAIN\Claim against Rainmaker\Complaint and Exhibits\Ex 2 - Avoiding ... 4/16/2013