Mediation, Arbitration, and personal Counsel
Step away from the fire!
However confident, as the trial approaches, it is easy to wonder how you got here in the first place, and really contemplate the risks involved.
Mediation and arbitration are more relaxed than litigation. In mediation, the parties may come to find complete resolution on documented amicable terms without the adversarial format of courtroom litigation.
Dispute Resolution Via Mediation
In Mediation among the various parties, the mediator is the neutral, helping facilitate overall resolution of the conflict, regardless of the number of parties involved, or issues involved. The mediator strives to keep communication and negotiations from breaking down, allowing for an outcome that both parties have influence over, rather than leaving it to the understanding (or failure to understand) of a judge or jury.
Mediation is particularly appropriate for conflicts or disputes where emotions may be involved. All parties have this opportunity to save a substantial amount of time and expense, though mediation is not recommended for parties who simply want “their day in court” – easy to say, yet then living with the outcome – or unwilling to cooperatively communicate toward a successful resolution which could be achieved months or even years earlier. All cases come to a close, sometime.
Arbitration is a less formal manner of dispute resolution than a trial, yet the parties give up control over the outcome – the finding(s) and entry of judgment by the Arbitrator. In Arbitration there are more relaxed rules of evidence and parties can choose to decide if the outcome is binding or non-binding. Binding arbitration means that the parties give up their right to a trial, while non-binding arbitration allows them to initiate a trial if they don't like the outcome. The arbitrator hears arguments and evidence from both sides and makes a decision. In arbitration, you're looking for someone else to make the decision for you, while still avoiding the expense of a trial.