The Law Office Of

Neal Jacobs

8118 Corporate Way, Suite 110, Mason Ohio 45040

NJ

Alternative Dispute Resolution

Alternative dispute resolution (“ADR”), most often through arbitration, has become a common option for resolving commercial, construction and employment disputes.

dispute arbitration lawyer mason ohio warren county lawyerThe problem is that often arbitration is not the choice of the individual; rather it is often imposed in business and commercial contracts where the individual is in a weak bargaining position.

The most significant disadvantage of arbitrating a dispute (rather than filing a lawsuit) is that the decision of an arbitrator is enforceable in court under the Federal Arbitration Act and Ohio’s comparable statute. Unless the findings of the arbitrator are arbitrary and capricious almost all arbitration rulings are final and will not be set aside by a reviewing court. In other words, arbitration leaves no room for an appeals process in the overwhelming majority of instances.

Arbitration also most often provides for a limited period of discovery which can lead to surprise evidence or testimony occurring during an arbitration process. Equally important, there is no jury to decide the outcome of a dispute, instead the decision rests solely in the hands of the arbitrator. Since the arbitrator is usually paid by the business, commercial entity or employer involved in the dispute remaining entirely impartial during all proceedings may be difficult. Whether consciously or not, an arbitrator’s independence may be compromised.

There are occasions when an arbitration provision may not be enforceable. Moreover, retaining an attorney with experience in arbitration matters may impact the value and viability of an individual’s claim.

 

Employment Lawyer

Litigating wrongful termination, employment discrimination, harassment, Family Medical Leave Act, and retaliation claims.

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Business & Litigation

Advising and supporting commercial clients to achieve their business goals. Neal aggressively litigates those disputes.

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Family Law Attorney

Representing parties in all aspects of family law, including divorce and dissolution, support, shared parenting, and custody proceedings.

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Real Estate Law

Representing landlords and tenants in negotiating, drafting and preparing documents for the sale or lease of residential and commercial real estate.

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