Mediation/Arbitration

Mediation - General Information

The legal system in our county is overcrowded and expensive. Lawsuits can drag on for years, can be ridiculously expensive, and can ruin the relationships of the parties involved. This is why many people have been turning to mediation and/or arbitration to resolve their disputes. The process is quick, friendly, and cost-effective. If the dispute is with someone that you’ll want to deal with in the future, such as an employer, co-parent, landlord, or neighbor, mediation and/or arbitration can resolve your disagreement without destroying your relationship.

Mediation / Arbitration will save you money. If the parties choose mediation/arbitration as an alternative to a court battle, this money stays with the parties instead of going to the lawyers.

If you are already involved in a lawsuit, mediation allows the parties to resolve their dispute and leave the court system behind. Lawyers sometimes becomes so focused on winning that they lose sight of what is important their clients. Mediation allows the parties to speak for themselves in a confidential environment.

What is Mediation?

Mediation is a voluntary method of dispute resolution that allows parties to craft their own solution to a dispute. An unbiased third party (the mediator) assists the parties in this process by conducting private interviews and negotiations with each party to discuss settlement opportunities and facilitate an agreeable solution. Mediators never impose decisions on disputing parties; rather, they encourage disputing parties to find common ground and resolve their dispute on their own terms.

Mediation is an alternative to the traditional investigative and litigation processes. Mediation is an informal process in which a trained mediator assists the parties to reach a negotiated resolution of their dispute. The mediator does not decide who is right or wrong and has no authority to impose a settlement on the parties. Instead, the mediator helps the parties to jointly explore and reconcile their differences. These is not a winner and loser in mediation, and the process is concluded when all parties feel satisfied with the proposed solution.

What is Arbitration?

Arbitration is a non court procedure for resolving disputes using one or more neutral third parties called the arbitrator or arbitration panel. Arbitration uses rules of evidence and procedure that are less formal than those followed in trial courts, which usually leads to a faster, less expensive resolution. There are many types of arbitration in common use: Binding arbitration is similar to a court proceeding in that the arbitrator has the power to impose a decision, although this is sometimes limited by agreement for example, in "hi lo arbitration" the parties may agree in advance to a maximum and minimum award. In non binding arbitration, the arbitrator can recommend but not impose a decision. Many contracts including those imposed on customers by many financial and healthcare organizations require mandatory arbitration in the event of a dispute. This may be reasonable when the arbitrator really is neutral, but is justifiably criticized when the large company that writes the contract is able to influence the choice of the arbitrator.

Arbitration is a faster, simpler, and less expensive alternative to litigation. Disputes are brought before the arbitrator who, after carefully reviewing all of the relevant information, issues a final decision in favor of one of the parties. Consumers, businesses and government departments—even courts themselves—have successfully used arbitration programs to resolve disputes, and there is widespread satisfaction with the process. Arbitration offers parties a decisive legal outcome to their dispute without the expense and inconvenience of court proceedings and attorney fees.

What is the difference between mediation and arbitration?

Both mediation and arbitration are ways for parties to to resolve their differences without going to court. And many of us tend to merge them in our minds. Don't. Mediation and arbitration are very different ways of resolving differences.

A mediator has no power to impose a decision on the parties involved. He or she is there solely to help the find a resolution that both of them will find acceptable. If they cannot agree, that's as far as the mediator can go.

An arbitrator, on the other hand, has the power to impose a settlement. The arbitrator listens to the arguments each party presents, and then renders a ruling. Typically, the parties will agree in writing to submit to arbitration before the process begins. They will agree in advance to be bound by the arbitrator's decision, whatever it is.

There is a popular process which combines mediation and arbitration called “med/arb.” In this situation, the parties agree to go through mediation and attempt to reach a solution. However, they also agree that if they cannot reach a resolution, the mediation will automatically become the arbitrator and he/she will decide and make a binding resolution for the parties.

Divorce Mediation

Divorce mediation is becoming increasingly popular throughout the country. During mediation, you and your spouse sit down in the same room with each other and with a neutral mediator. With the mediator's help, you would work through all the issues you need to resolve so the two of you can get through your divorce. Mediation is flexible and confidential, and gives you and your spouse a way to settle the conflict between you so that the marriage can end without anger and resentment, and so that both parties can move forward with their lives. If children are involved, mediation allows you to set up a parenting plan that allows you to work together as parents after your divorce.

Mediation is voluntary. It continues only as long as all three of you (you, your spouse, and the mediator) want it to. Your mediator has to have a good reason to withdraw. You or your spouse can withdraw from mediation at any time, for a good reason, a bad reason, or no reason at all.

People often ask, "Does mediation really work?" In a word, yes. We know from years of research that when you compare couples who have mediated their divorce with couples who go through an adversarial divorce, mediating couples are more likely to be satisfied with the process and the results, likely to take less time and spend less money, and are less likely to go back to court later to fight about something.

The main advantage of mediation is that it keeps you and your spouse in control of your own divorce. Couples who mediate are more likely to be satisfied with the results and less likely to go back to court later to fight about something. It helps individuals recovering from divorce to move on with their lives, and save significant amounts of money in the process.

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