Cannabis controversies are uniquely designed for alternative dispute resolution since the courts have very little, if any, experience dealing with this new up and coming area of business. While many disputes can be resolved through the court system, cannabis business matters have not been so fortunate. Because cannabis still remains federally illegal, and the judges in those courts have not had any hands-on experience dealing with cannabis matters, many Courts have been reluctant to even hear cannabis business disputes altogether.
MEDIATION AND ARBITRATION ARE QUICK AND RELATIVELY INEXPENSIVE OPTIONS
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You may think that when you have an issue the only way to solve it is by going to court. However, that is not the case. Frequently, there are better, more efficient, and cheaper options available.
Alternative dispute resolution is designed to keep controversy out of court so it can be resolved in the quickest and most effective way. The dispute resolution process is a way for parties to settle disputes, with the help of a third party acting as an experienced and unbiased facilitator. |
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Some big benefits of choosing alternative dispute resolution instead of litigation are:
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Is Arbitration Right For Me?
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Arbitration is like a trial before an arbitrator, who acts like a judge, but can decide the case more quickly and cheaply than a judge can.
Arbitration, as in other areas of law and business, is the submission of a dispute to an unbiased third person designated by the parties to the controversy, who agree in advance to comply with the award. The award is the decision issued by the arbitrator after a hearing at which both parties have an opportunity to be heard. Arbitration is a widely used method of ending disputes as is gives parties another choice other than expensive litigation and is similar to going to court before a judge but instead takes place out of court. The two sides select an impartial third party, known as an arbitrator; they agree in advance to comply with the arbitrator’s award; and they participate in a hearing at which both sides can present evidence and testimony and be fairly heard. The arbitrators have experience in dealing with these kinds of disputes and are well versed in the field. The arbitrator then makes a decision which is final and the parties are bound by this decision. As an alternative to litigation, arbitration has many advantages. First off, it is significantly more efficient. Especially when it comes to business disputes the last thing you want is for a matter to remain unresolved and tied up for years in the court system. Businesses are looking for speedy and efficient results and want to get on with focusing on their business. Further, it lacks the formalities of the court system so it is an easier and more flexible process. Finally, arbitration is much cheaper than litigation where attorney’s fees often exceed the amount of money in dispute. Cannabis is a very specialized field and thus it is important to have judges who are experts in the field and understand its inner workings. Our arbitrators are neutral and they are selected for their expertise in this particular area of business. |
Is Mediation Right for Me? |
Mediation is another form of alternative dispute resolution in which a neutral third person helps the parties reach a voluntary resolution of a dispute. Mediation is an informal, confidential, and flexible process in which the mediator helps the parties to understand the interests of everyone involved, and their practical and legal choices. It can help people resolve cannabis matters in a less adversarial setting while educating the parties on their practical options. The mediation process saves the parties time and money, and reduces future disputes and offenses.
The mediator helps the parties to: communicate better, explore legal and practical settlement options, and reach an acceptable solution of the problem. Unlike arbitration, the mediator does not decide the solution to the dispute; the parties do. Mediation can result in a legally enforceable contract agreed to, in writing, by the parties. Mediation can be extremely effective in cannabis disputes as is it a non-binding flexible way for the parties to compromise and reach a middle ground. Should the parties themselves come to an agreement the mediator can help them draft a contract with the agreed upon terms and create a binding contract. |
