Scott Link offers three forms of ADR:
MEDIATION • ARBITRATION • TRIAL BY SPECIAL JUDGE
Mediation affords you the opportunity to meet face to face with the other parties, tell your story, and through an impartial intermediary make a decision about settling your case. Everything that is said in mediation is absolutely confidential. This is a good venue to decide your own fate rather than have a jury make a decision about your case.
Arbitration is similar to a non-jury trial where in the arbitrator listens to sworn testimony, admits evidence, and renders a decision. However, unlike an elected judge, the parties pay the arbitrator and his decision is final and not appealable. Additionally, the Arbitrator, if approved by the American Arbitration Association, will limit the amount of discovery the parties may conduct. Arbitration, especially through organizations such as the American Arbitration Association are expensive and at times, an abridgment of your rights to obtain the documents and testimony you may need to uncover all the facts about your case.
“Trial by Special Judge” is allowed under chapter 151 of the Texas Civil Practices and Remedies Code.
A trial by a “Special Judge” is a non-jury trial before a former Judge to whom the parties have agreed to hear and decide the case. The Special Judge charges a fee that is paid equally by the parties. The Special Judge, after hearing all the testimony and review of the evidence renders a verdict. This verdict may be appealed in the same manner as a verdict rendered by a presiding Judge.
Link Mediations, LLC
Scott Link is the owner of Link Mediations, LLC. Mediations are either ½ day or a full day. As a mediator, Scott Link does more than just walk between rooms carrying offers and counter offers. He asks the tough questions and makes observations that cause the parties to fully evaluate their case and make an educated decision about settlement.
Scott does not declare an impasse. He will continue to interact with the parties for weeks if necessary, to facilitate a settlement. If the parties can’t agree to the terms, Scott will make a “mediator’s recommendation” that the parties can accept or reject. If accepted, the case is resolved. If rejected by one of both parties, Scott will continue to work towards a resolution, often bringing the parties back for a free two-hour second mediation.
Link Arbitration does not base your filing fee on the amount of the claim, as is the case with other arbitrators. Further, you don’t have to waste money on a case administrator. There is a one-time fee for filing a claim of $300.00 and a fee for a counter claim or third party claim of $250.00. Scott then, with the assistance of the attorneys, establishes a “trial “ date, a docket control order, and a protocol for discovery. Any discovery disputes may be handled by conference calls or oral hearings. Link Arbitration has access to a full size courtroom for trial and hearings.
Trial by Special Judge
With over 250 non-jury trials and 447 jury trials as a lawyer and Judge, Scott has the experience and temperament to ensure the parties have a fair trial and are treated with dignity and respect. The verdict will be in writing and is appealable.