Comparing Mediation With Other Types Of Alternative Dispute Resolution
Litigation is often time-consuming and extraordinarily expensive. Fortunately, several other methods of dispute resolution do not require you to go to court. These methods include mediation, arbitration and collaborative law.
Here at the Law Offices of Denise Eaton May, we are familiar with all three of these alternative dispute resolution systems. Our founding attorney has more than three decades of experience resolving contentious legal matters through litigation as well as through less adversarial methods. Let her put her extensive knowledge to work for you.
Key Aspects Of Mediation
Mediation is a process by which disputing parties work with a neutral third party, the mediator, to come to a mutually beneficial agreement. The individual parties may or may not be represented by individual attorneys.
Mediation is voluntary and can be stopped at any time, by either party. It is also confidential and collaborative, meaning that it encourages both parties to listen to each other and seek an acceptable compromise.
One of the greatest benefits of mediation is that it allows parties to craft unique resolutions that the courts may not be able to provide.
Key Aspects Of Arbitration
In arbitration, both parties and their respective attorneys meet with a neutral third party, the arbitrator. After both sides present their cases, the arbitrator makes the final decision. This decision is typically binding.
Because arbitration places the ultimate outcome in the hands of a third party, it is comparable to informal litigation. However, it is often less expensive than formal litigation in front of a judge.
Key Aspects Of Collaborative Law
Collaborative law is essentially a negotiation process. Both parties, either with or without attorneys, sit down and discuss potential compromises and solutions. This is very similar to mediation, except that mediation involves a neutral third party who helps guide the discussion.