Mediation
The process of using a neutral person to help differing parties settle their dispute through communication and negotiation.
Benefits include:
- In mediation the parties control the outcome and are not bound to a result imposed by an outsider.
- Mediation affords privacy.
- Mediation is usually far less costly than litigation or administrative procedures.
- Mediation can take place without delays common in formal procedures.
- In mediation the parties can select an acceptable neutral party based on expertise and location avoiding arbitrary assignment to a judge or hearing officer and travel to inconvenient locations.
- Mediation can take place in a comfortable informal setting.
- Mediation is less time consuming than lengthy trial preparation.
- Mediation works towards bringing parties together (i.e. towards agreement). It is not adversarial.
- Mediation is usually less destructive to relationships than adversarial proceedings.
Arbitration
A type of hearing aimed at privately resolving a dispute. The parties come before a person or persons they select, present their case and receive a decision, which may or may not be binding.
Benefits include:
- Parties select an arbitrator.
- Hearings are scheduled at the convenience of the parties and the arbitrator.
- Costs of arbitration are usually significantly lower than those of trial.
- Arbitration is less formal than court proceedings and usually a decision (arbitrators award) is rendered promptly and without delay.
- Arbitration offers finality.
Case evaluation
Private guidance on likely outcomes if the dispute was to be taken before a court.
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