How is a dispute between a mineral owner and an oil and gas company resolved?
A dispute between a mineral owner and oil and gas company operating in Florida is generally resolved through alternative dispute resolution (ADR) methods, such as arbitration or mediation. Arbitration is a process in which a neutral party, called the arbitrator, hears both sides of the dispute and renders a decision based on the evidence presented, which is then binding. Mediation, on the other hand, is a process in which an impartial third-party mediator facilitates communication between the two sides and helps them work toward an agreement. Both methods are confidential, informal, and voluntary. Mediation is less formal than arbitration and may even involve multiple sessions which can be used to permit both parties to discuss the terms of the dispute and reach an agreement. In both cases, the parties are expected to share any relevant information or evidence, and the decision or agreement reached by the arbitrator or mediator is legally binding. If the dispute is not resolved through these methods, then either a mineral owner or the oil and gas company can take legal action and pursue a lawsuit. The lawsuit would then be heard in a Florida court and the decision made by the judge is also binding.
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