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Should I consider mediation or arbitration?

The rising number of lawsuits filed by businesses and individuals has caused an increase in the use of alternative means of resolving disputes, such as mediation and arbitration.Mediation and arbitration are referred to as Alternative Dispute Resolution, or ADR.
The potential advantages of mediation and arbitration are that they may save you significant time and money and may be better than litigation for those with certain moral and religious beliefs.

ADR can be used in almost every type of dispute. For example, disputes involving businesses, insurance, employment, personal injury and family law are now regularly arbitrated or mediated, however, both parties have to agree to ADR.

Lawsuits can take years to resolve in the court system. With ADR the process of working out disagreements and differences can begin whenever you and the other parties wish.

Arbitration is essentially a private trial. Both parties present the dispute to one or more impartial persons. The goal is for the arbiter to make a final and binding decision. The process is usually less formal than the courts. The arbiters are attorneys or business professionals with relevant expertise.

In mediation, a neutral person attempts to help the parties reach a voluntary settlement. The mediator advises the parties and suggests how to resolve the differences. The mediators’ suggestions are not intended to be binding. The mediator can be an attorney, business-person or church official.

If you have a dispute in litigation, or are heading toward a lawsuit, talk to your legal advisor about whether arbitration or mediation might be an effective way to resolve your dispute.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. See competent counsel for advice on any legal matter.

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