clark county Archives - Morris Law Center

Mediation vs. Arbitration: What is The Difference?

Some people may mistakenly think that mediation and arbitration are synonymous with one another, and while it’s true there are some similarities between these two processes, the differences are considerable. Both mediation and arbitration utilize a neutral third party to oversee the dispute outside of the court system, and both are alternatives to traditional litigation. In some cases, both mediation and arbitration can be binding on the parties.

In mediation, a single agreed upon mediator is selected to assist in facilitating a discussion between two disputing parties to ultimately come to an agreeable resolution on both sides in a more informal environment.

Arbitration, however, has an agreed upon arbitrator taking on the role of a judge, hearing evidence, making decisions, and issuing opinions. In some arbitration cases, the neutral third party is a panel with both sides of the dispute selecting their preferred arbitrator, then the arbitrators themselves selecting a third to join the panel so a majority vote would prevail if necessary.

While mediation seeks mutual agreement through facilitated discussion between the parties, arbitration imposes rules by the arbitrator making decisions on their behalf. In arbitration, one of both of the parties may end up dissatisfied with that decision of the arbitrator.

In some cases, a judge may order a dispute to go through an alternative dispute resolution before continuing in the courtroom. Alternative dispute resolution generally indicates arbitration or mediation, and can many times lead to an acceptable and agreeable resolution for all involved without the need for time consuming and costly litigation in a formal court setting.

In the Eighth Judicial District Court every contested civil case is reviewed by the Alternative Dispute Resolution Office, with 75% of cases that are assigned to arbitration being successfully resolved. Parties in District Court can bypass assigned arbitration by agreeing to participate in mediation. According to the United States Department of Justice, in 2017 55% of cases were resolved by court-ordered alternative dispute resolution, and 75% of cases were resolved by parties voluntarily seeking alternative dispute resolution.

For more information on Alternative Dispute Resolution in Clark County, CLICK HERE.

So, mediation and arbitration, although having a different procedure, has a similar and fairly successful goal of resolving disputes between parties.

Our Las Vegas estate planning attorneys at Morris Law Center would love to assist answering any questions about your dispute and obtaining a resolution to it. Contact us today to set up your complimentary consult.

Is my neighbor’s short term vacation rental legal?

In recent years, there has been a proliferation of vacation rentals in the Las Vegas area. The rentals can be found on web sites and phone apps such as VRBO, airbnb, and HomeAway. While these short term rentals can be a great alternative to a hotel, they can also be a nuisance to the neighbors.

Recently, a Canadian investor bought a large property in my neighborhood and set it up as a vacation rental. There was concern by many of my neighbors about the potential nuisance this could bring to the neighborhood. Unfortunately, about a week ago there was a renter who was very loud, with the noise continuing until 4 a.m.  My neighbor approached me to ask what they could do about this situation. Initially, I suggested that they contact the property manager to complain about it.  Then I began to research the law to see what other options my neighbor might have in regard to the nuisance.

The City of Las Vegas has its own set of rules with respect to short term vacation rentals.  However, many people, myself included, live in unincorporated Clark County.  Unfortunately, Clark County has not yet enacted any specific rules regarding short terms rentals.  There is only one applicable rule which is that the County precludes any rentals of residential properties for periods of less than thirty days.

Therefore, virtually all vacation rentals in Clark County are not in compliance with county ordinances because the rental periods are normally under thirty days.  You can report a violation of the ordinance at http://dsnet.co.clark.nv.us/CCComplaintsubmission/ Just click under  “Neighborhood Nuisance” and there will be a section for “Daily, Weekly, Monthly rentals.”  Please note that you will need to register on the Clark County website in order to make the complaint.

Another option is to consider whether there are any noise ordinances that they may be violating.  Of course, many people call the police to complain.  However, often times this does not provide relief. If Clark County were to take this on directly by passing ordinances specific to vacation rentals, enforcement would become easier for the police.

In sum, the best way to handle a nuisance issue with a vacation rental in your neighborhood is to 1. Pleasantly ask them to quiet down; 2.  Complain to the property manager and/or owner; and 3. File a complaint with Clark County complaining of noise and/or an improper short term rental.

Click the link below to see a similar article we wrote about property rights in Clark County.  

What are the requirements to keep chickens in Clark County?