A trial can be a very long and expensive ordeal and the outcome is not guaranteed. These facts can be deterring to many people; however, a trial is not the only way to resolve a dispute. Instead of going through a lengthy and expensive trial, an Alternative Dispute Resolution could be used to resolve the dispute in a quicker and less expensive fashion. Alternative Dispute Resolution, also known as ADR, takes place in many different forms. Two of the most common forms of ADR include mediation and arbitration.
Mediation is informal and much more relaxed than trial. Mediation is run by a neutral third person, known as a mediator, who is trained in negotiation. The goal of mediation is for the mediator to assist the parties in negotiation and reaching an agreement. The mediator does not have the authority to make a decision for the parties, therefore, it is up to the parties to reach an agreement.
Arbitration is more formal than mediation, and the process is similar to a trial. In arbitration, each party presents their evidence and arguments to an arbitrator. An arbitrator is a neutral person, similar to a mediator, although an arbitrator has the authority to make a decision on the case. After listening to both parties’ case, the arbitrator will announce their decision which may be binding or non-binding on the parties.
Overall, alternative dispute resolutions are very beneficial as they are typically much more affordable and quicker than trial. If you need help with a dispute that you believe could be resolved with an alternative dispute resolution such as mediation or arbitration, I would be more than willing to assist you in the process.
The material contained herein is provided for informational purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney. Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney. All information contained in links are the property of the linked site.