Mediation vs. Arbitration
Are you currently involved in a legal battle? If so, did you know that there is more than one way to resolve your dispute besides the inside of a courtroom? Two popular alternatives to the typical courtroom resolution are mediation and arbitration. Both alternative dispute resolution (ADR) options are effective in solving a legal dispute outside of the traditional court process. They can also be used in conjunction with normal litigation, which is becoming more common in the current legal system.
Mediation is a process by which the parties negotiate with the help of a neutral third-party mediator. By narrowing decisions, the assigned mediator helps both parties reach a mutually beneficial agreement. Mediation is a negotiation. However, that negotiation and agreement are non-binding. With a mutually beneficial agreement, there is no such thing as a winning or losing party in mediation because the parties themselves have control over the outcome instead of leaving the decision up to a judge or jury. Mediation boasts a high success rate because of its safe, confidential environment and the bonus of a neutral party.
Compared to mediation, arbitration is a more decisive process. Arbitration is similar to going to court, but with less formality and, potentially, fewer expenses. Both parties must also consent to the arbitration. Similar to a judge, an arbitrator, or a panel of arbitrators, listens to the evidence presented by all parties and their counsel before arriving at a final decision. The arbitration process does have a winning and losing party. An arbitration award is also similar to a court decision in that it is binding, whether or not the parties agree with it.
Each court case is unique and deserves its own process and solution. Mediation and arbitration also have their own individual pros and cons. You may be unsure on how to determine whether mediation or arbitration is the correct choice for you and your case. If you and another individual have a dispute that is unable to be resolved, you should contact an attorney for advice on how to proceed. You may also contact the Alabama Center for Dispute Resolution at https://www.alabamaadr.org/ for assistance.
The law office of Lewis & Feldman specializes in many types of law. If you find yourself in need of an attorney, mediator, or arbitrator, please contact Lewis & Feldman today by visiting www.alabamapersonalinjury.com or calling the offices at (205) 254-6060.