Unless you’re a fantastic lawyer, no one wakes up before a court date with a skip in their step and a sparkle in their eye. Frankly, no one wants to go to court if they can help it. Whether it’s a question of discrimination, an environmental law violation, or any other number of viable accusations, both the defendant and the plaintiff would benefit from a settlement that makes court unnecessary. This both nulls the need for lawyers fees and time wasted as lengthy trials and hearings.
But typically, both sides will likely have to settle in court unless a mediation or arbitaration process takes place. So what are arbitration and mediation services? Read on to find out.
Arbitration services allow two disputing parties to settle outside of court where an impartial or neutral third person mediates. This method of mediation has a long-standing history in the world of construction, labor, and securities, but is not being utilized in other business industry disputes.
When it comes to business disputes, arbitration is a preferred method of resolving the problem as it helps to avoid the expense, delay and acrimony of litigation. And most importantly, it helps the manner to remain compeltely private. This means that business records will be protected through these confidential proceedings.
While mediation is similar to arbitration, there is one key difference. When it comes to arbitration, the neutral party considers the testimony and evidence and has the power to isse a formal arbitration award at the conclusion of the proceedings. This is like a verdict.
But in mediation, the neutral party does not make a verdict. Instead, they facilitate a resolution that works for both parties. By nature, mediation is considered a non-adversarial method of alternative dispute resolution, where the mediator does not have power to make any decision for instead helps the two disputing parties make decisions.
If you are experiencing a dispute and need arbitrations services or mediatioin services, don’t hesitate to call an alternative dispute resolution lawyer in your area. Court is expensive, time consuming, and generally just a drag. Avoid it if you can and resolve your disputes the confidential and peaceful way!
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