Hospitality Dispute Resolution
Find Mediation, Arbitration, and Expert Determination Consultants who can help you in hospitality alternate dispute resolution (ADR). They will help you to avoid costly and lengthy legal battles.
Mediation, Arbitration and Expert Determination are done by the intervention of a person or panel. This person or panel is chosen by agreement of the conflicting parties. The intervention is to promote reconciliation, settlement, or compromise.
Cayuga Hospitality Consulting has hospitality alternate dispute resolution (ADR) experts. Our trained mediators bring the parties together for purposeful dialogue. We mediate in a confidential setting, and decorous environment to achieve resolution.
Risk management includes controlling issues before they escalate into full-blown disputes. Involving experienced professionals to develop an ADR plan will assist in minimizing the effects of a dispute. These disputes may happen during operations, relationships, and business interests when challenges arise.
Disputes or issues can happen in several ways:
- Between owner and operator
- Between employee and employer
- Between vendor and manager
- Related to construction matters
- Contract challenges
- Other business related concerns
Cayuga’s ADR professionals are skilled at guiding resolution.
Resorting to the court system may be necessary only because the parties in their agreements did not provide for the resolution of disputes by one of the three alternative dispute mechanisms:
- Expert determination
If the dispute devolves to one that the parties will not resolve by negotiation alone, they may at any time agree to mediate, submit the matter to an expert or arbitrate. If the dispute has taken on a level of severity so that the parties are not able even to agree to some form of alternative dispute resolution, they or either of them may resort to the courts as the only way forward. It is rare that taking the matter to the county, state or federal court house is better than the alternatives, but there simply may be no choice.
Most contractual agreements require mediation. Mediation is needed in a dispute over services, products, or business relationships.
In mediation, an impartial and skilled mediator is chosen by mutual consent of the parties. The mediator facilitates the disputants in cooperative discussions. This allows each party to present their positions and discuss options for compromise. Finally, potential settlement terms, conditions, and a binding final agreement can be achieved.
The advantages of settling a hospitality dispute through mediation are:
- The ability of the disputants to participate in the outcome
- Avoid lengthy and costly court proceedings and legal fees
- Preclude uncertainty of a judge and jury decision
- Prevent potential damaging disclosures of confidential business material from entering the public record
- The ability to retain valuable relationships should be in the best interest of the disputing parties
Our Consultants’ extensive experience in the hospitality industry provides them with a unique understanding. They understand the history and dynamics of the industry, as well as the impact of the dispute on both parties. The perishables of time, money, guest experience, business disruption, and reputation cannot be easily realized. That is unless you have experienced the distraction of an unresolved dispute of this size. Such as a dispute in hospitality industry operations.
Arbitration is a legally binding, usually non-appealable decision. It is rendered by an arbitrator or panel of arbitrators. They serve the function of a judge or panel of judges. But they provide a more efficient, faster, and industry-specific legal process. Serving for resolution of more complex disputes, our Consulting Members include experienced arbitrators who have been involved in such disputes. They are recognized not only for industry expertise, but also for their ‘judicial temperament’.
The advantage to using Arbitration over moving forward with court proceedings are:
- The opportunity to maintain confidentiality
- Improve efficiency
- Control costs
- Speed of resolution
Expert and witness testimony, business materials and trade secrets, deliberations and other details revealed in Arbitration proceedings may be retained. Both parties must agree to a cloak of confidentiality. These are extremely difficult to contain in a court proceeding.
Participants in Arbitration select the Arbitrator of panel of Arbitrators, may:
- Define potential upper and lower financial boundaries of settlement
- Set timeframes for the process
- Outline abbreviated discovery schedules
- Tailor proceedings to unique needs of the case
- Specify how or if challenges may be made to an Arbitrator’s written award
As with mediation, resolving a dispute outside of a courtroom using arbitration provides many advantages. Cayuga’s professionals are an excellent resource for ADR to industry specific conflicts.
Expert Determination Consultants
Expert Determination relies exclusively on the determiner’s knowledge, distinct expertise, skill, and judgement on the subject matter of the issue.The professional is given the responsibility to investigate the concern beyond the submissions by the parties. Then they render their own reasoned conclusions based on the facts. In most cases, there is no right of appeal.
In cases of technical issues such as:
- Management and operating agreements
- Mergers and acquisitions
- Vendor and service agreements
- Real estate and asset management
- Valuation and financial disputes
Using a skilled professional with a very specific area of expertise can be the quickest and fairest path to resolution
Cayuga Hospitality Consultants offers its professionals as Expert Determiners. Independent third-parties consented to and appointed by both sides in a dispute to provide binding decisions. This is either on a stand-alone basis or within arbitration, mediation or other dispute resolution proceedings.
Hotel Expert Determination is a confidential procedure. All of our Expert Determiners have years of experience in their individual disciplines. They also have knowledge that is relevant to and appropriate for the matter which the individual is being asked to decide.
Contact Cayuga Hospitality to see how hotel expert determination consultants can help you streamline your processes and achieve resolution.