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No one likes going to court, but sometimes it is necessary. Understanding the difference between Mediation, Arbitration and Trial could save you money. The type of legal dispute and the amount of damages will determine which course will best resolve your legal dispute.
Seeking the advice of an attorney is always the best course of action. Your attorney can guide you through the legal process and suggest to you which avenue is best to resolve your dispute.
Mediation, also known as dispute resolution, is a flexible legal system used to resolve any type of dispute. It is usually conducted and controlled by the parties to the lawsuit who decide the legal dispute amongst themselves.
Mediation is a non-adversarial process to resolve a dispute allowing for a "win-win" situation. Usually the parties will compromise, agree and resolve the dispute. An advantage in mediating a dispute is that it is private and confidential.
The qualified mediator provides guidance, legal and practical solutions to your dispute, but does not decide the matter for you. There are certain guidelines you must follow and once you have made a decision, a written agreement is drafted, money or property exchanged and the matter is concluded. In exchange for the consideration given, a release is signed. This new contract acts as closure to your dispute.
Mediators have to be qualified to serve in this capacity. You should pick a mediator who is experienced in area of law that is the basis of your dispute. They should possess a commitment to impartiality, be objective, have completed dispute resolution training and possess the skills needed. A mediator should also show respect, integrity, patience and courtesy to all parties. Armed with a strong academic background and professional or business credentials, you can rest assured that your case will be competently decided by the right Mediator.
You may bring an attorney to a mediation, but one it is not required. Witnesses are usually not necessary as you are not required to prove your case.
Mediation is not binding meaning you have other avenues to pursue to resolve your dispute whether it is arbitration or litigation.
Arbitration is similar to litigation in that it is an adversarial process. The parties to the dispute submit evidence to a neutral third person, the arbitrator, who renders a decision on your dispute based upon the evidence and arguments presented.
Arbitrators also have to be specially trained and qualified to act in resolving disputes. They must have a strong knowledge of the local rules of court and the procedures for conducting arbitrations as well as possessing the competency of a licensed legal practictioner.
Arbitration occurs in private and not in public and is not conducted under a court's formal rules and procedures. However, there are rule and procedures that must be followed to adhere to the arbitration process. Arbitration is usually triggered by an "arbitration clause" in a signed contract.
Arbitration decisions can be binding. Once a decision is made, you are not given an opportunity to appeal.
Litigation is an adversarial process in which parties submit evidence to a judge or jury who then decides the outcome of the dispute. A trial is held in public and records of the litigation can become a matter of public record. Litigation is governed by formal rules and procedures of court and is generally time-consuming and costly.
Going to trial is the most expensive and time consuming way to resolve a lawsuit. Trial costs usually begin at $10,000 which includes fees for court filing fees, court reporter fees, expert witness fees and the jury costs. This does not include the attorney's fees.
In the litigation process, you have the right to appeal. Doing so can incur additional expenses and time to resolve the dispute.
Contingency based attorney's fees means that the attorney is not paid if they do not win the case. However, as a party to the lawsuit, you will have to pay for costs such as coping costs, filing fees, process of service fees and other out-of-pocket costs associated with the lawsuit.
Should you need the services of a lawyer, the Law Offices of Allan S. Field can assist you in resolving your legal dispute. The Law Offices of Allan S. Field can assist you with a free consultation to advise you of your rights. Call today for an appointment.