MEDIATION & ARBITRATION

PRACTICE AREA / MEDIATION & ARBITRATION

The dispute resolution professionals at Richards Brandt bring decades of experience, expertise and structure to the arbitration and mediation processes, helping both lawyer and client cut quickly to the heart of a dispute and, ultimately, resolve conflicts effectively and efficiently.

MEDIATION

Mediation crosses personal and professional paths. We have participated in resolving disputes as mediators in addition to representing a party or parties in a formal mediation for decades. Our attorneys handle issues such as business related disputes, legal rights, workplace complaints, as well as community and family matters.

Regardless of who helps the parties reach an agreement, mediation has a structure, a timetable and dynamics that “ordinary” negotiation lacks. Participation is typically voluntary, and the process is generally faster than litigation, it is non-binding, and is private and confidential.

When we represent our clients in mediation, we collaborate and drive the process to the best possible outcome for our client. As the designated mediator, we act as a neutral third party and facilitate rather than direct the process. Working with attorneys who have been successful in both roles is advantageous in any situation.

Use of a neutral expert in mediation has proven most cost-effective in resolving countless disputes. Regardless of the forum, the success of the dispute resolution process depends on the abilities of the neutral. Richards Brandt’s dispute resolution professionals have an established record as successful neutrals.  Each has decades of experience on every side of a wide variety of conflicts in their field of expertise.

ARBITRATION

Experienced lawyers know that litigation is but one available tool for resolving disputes. Arbitration is another increasingly used tool. Even when not required by contract, arbitration may be the best choice when neutral expertise is needed, or when other considerations such as privacy are paramount.

Arbitration is different than mediation in that both parties agree to resolve their dispute outside of court and agree to be bound by the Arbiter’s decision. The Arbiter, a neutral third party, reviews the evidence in the case and imposes a decision that is legally binding on both sides and enforceable in the courts.

Non-binding arbitration is similar to mediation however here, the Arbiter remains totally removed from the settlement process and will provide only a determination of liability.

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MEDIATION & ARBITRATION ATTORNEYS AT RICHARDS BRANDT IN SALT LAKE CITY, UTAH

FREQUENTLY ASKED QUESTIONS (FAQS)

BUSINESS TRANSACTIONS & CORPORATE GOVERNANCE / FEATURED FAQS

Answered by:

Barry G. Scholl

Barry Scholl

Shareholder, Cybersecurity Section Chair and Business Practice Chair

A: To decide which entity is right for you, we look at: liability, taxation, and maintenance. Both corporations and LLC’s have limited personal liability—this means that owners are usually not responsible for business debts. However, corporations and LLC’s are taxed very differently—corporations are classified as a separate taxable entity, whereas LLC’s are typically taxed as a pass-through entity (unless you choose otherwise). And corporations and LLC’s have different levels of maintenance—LLC’s have fewer reporting requirements and can operate solely with members acting as the managers. Conversely, corporations are required to hold certain annual meetings, keep certain records, and appoint boards and officers to manage the company for the stockholders. Every situation is unique so we recommend that you consult with an attorney in making your decision. Contact our firm, Richards Brandt, if we can help you decide which entity is right for you.

Answered by:

Barry G. Scholl

Barry Scholl

Shareholder, Cybersecurity Section Chair and Business Practice Chair

A: To decide which entity is right for you, we look at: liability, taxation, and maintenance. Both corporations and LLC’s have limited personal liability—this means that owners are usually not responsible for business debts. However, corporations and LLC’s are taxed very differently—corporations are classified as a separate taxable entity, whereas LLC’s are typically taxed as a pass-through entity (unless you choose otherwise). And corporations and LLC’s have different levels of maintenance—LLC’s have fewer reporting requirements and can operate solely with members acting as the managers. Conversely, corporations are required to hold certain annual meetings, keep certain records, and appoint boards and officers to manage the company for the stockholders. Every situation is unique so we recommend that you consult with an attorney in making your decision. Contact our firm, Richards Brandt, if we can help you decide which entity is right for you.

Answered by:

Barry G. Scholl

Barry Scholl

Shareholder, Cybersecurity Section Chair and Business Practice Chair

A: To decide which entity is right for you, we look at: liability, taxation, and maintenance. Both corporations and LLC’s have limited personal liability—this means that owners are usually not responsible for business debts. However, corporations and LLC’s are taxed very differently—corporations are classified as a separate taxable entity, whereas LLC’s are typically taxed as a pass-through entity (unless you choose otherwise). And corporations and LLC’s have different levels of maintenance—LLC’s have fewer reporting requirements and can operate solely with members acting as the managers. Conversely, corporations are required to hold certain annual meetings, keep certain records, and appoint boards and officers to manage the company for the stockholders. Every situation is unique so we recommend that you consult with an attorney in making your decision. Contact our firm, Richards Brandt, if we can help you decide which entity is right for you.

BUSINESS TRANSACTIONS & CORPORATE GOVERNANCE – CASE STUDIES

Utah Manufacturing Company Needed Employment Contracts For Key Staffers

Utah Construction Company Needed Planning For Business Growth & Protection

Utah Family Enterprise Needed Guidance and Representation to Sell Business

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