A Judge has forced a legal dispute to go to mediation instead of hearing the matter in a trial. The matter is over a natural gas and energy plant issue and involves real estate and land being optioned between two energy plants. Both sides of the dispute have been postponed and to be heard back in court later. The Judge did not want to deal with the matter, as he felt that a resolution could be made.
How did the Court become Involved?
The way the court became involved was with an appeal being filed by the Lordstown Industrial Park. The Court of Appeals was to decide whether real estate matters should be determined by court or arbitration.
Does Arbitration or Mediation Produce a Different Outcome?
Sometimes channeling through a different medium to litigation produces a different result. In this case, that is what one of the parties’ feel. The result may not be reasonable, the decision will then be made to go to litigation which will then drive up time and costs. One party wants resolution, the other does not. In their defense, mediation has been a tried option several times and has failed each time. Issues that cannot be resolved remain outstanding, and it is not just one but quite a few. Continue reading