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Mediation versus Arbitration

MEDIATION VS. ARBITRATION

MEDIATION: Mediation is a process in which a neutral, third party facilitator assists parties in resolving their disputes. The process is confidential and collaborative. The parties, not a third party such as a judge or arbitrator, make the decisions. The mediator assists the parties in thinking outside of the traditional box for solutions that fit the parties’ needs and resources. This agreement can be binding by mutual consent of the parties. The parties have nothing to lose and everything to gain. Almost all disputes are mediatable, and help to preserve relationships. Most importantly, the process is confidential. 85% to 93% of disputes (pre and post lawsuit) are resolved to mutual satisfaction through mediation.

ARBITRATION: Is a process where a third party arbitrator, much like a judge, makes a binding decision. This system is not as flexible as mediation. Most arbitrators follow certain processes that may or may not follow the Rules of Evidence of a given state. The decision is generally binding and even if the arbitrator makes a mistake, the decision is not appealable.

There are many types of arbitration and the rules and procedures can vary greatly. Many services (i.e. dentists, medical, car dealerships, etc.) have mandatory arbitration clauses that are required to be signed prior to the services being rendered. There is an old adage that states, “If you do not know your jewels, know your jeweler.” This same adage applies in arbitration: Be sure that you understand who the provider (arbitrator) will be and the rules that you are submitting to before signing arbitration clauses.

TRAINING AND CONSULTING: We have a panel of experienced neutrals that can facilitate resolutions! We also have experienced adjunct professors available for specialized coaching and preparation for mediation and arbitration. We have what you need. Call for a service and price proposal!

  
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