What Are My Dispute Resolution Options?

If you are involved in a legal dispute, your options extend beyond litigation. Since most people are familiar with

Your first option to consider is mediation. A mediator is an appointed impartial third party who helps you facilitate conversation. The mediator does not review the case facts and make a determination. Instead, he or she is there to help you walk through the critical issues of the case and find common ground with the other party. When compared with litigation, mediation tends to help cut down on the tension between two disputing parties. In situations where the involved individuals may need to maintain a relationship afterwards, such as those cases involving workplace disputes, mediation is a much better alternative because it diffuses some of the conflict right away.litigation, they assume that it is the best choice for their situation. The good news is that mediation and arbitration are alternatives that are frequently less expensive for individuals in need of resolution.

A common reason that many people consider mediation over litigation is that mediation participants tend to be more satisfied with their outcomes. Parties can be more involved in the process and help design the structure of mediation. In the courtroom, distinct and rigid legal procedures are the guidelines for all interaction with the legal system. Parties have very little wiggle room with regard to designing their own final agreement or even determining how the process will unfold.

Arbitration offers a little bit more structure than mediation. Parties in mediation create their own agreement, but it is up to them to comply with it. Arbitration is a legally binding decision that is handed down by another individual. There is a bit more flexibility than litigation, but an arbitrator does make a final decision for the participants. The arbitrator or panel of arbitrators is generally chosen by the parties together. In arbitration, you will present your side of the story and the other party will present their facts, too.

You can consider alternative dispute resolution at any point in your dispute process, but the sooner you implement it, the better. Many mediation sessions have been successful even when litigation has failed. In most cases, mediation and arbitration are much less expensive and time-intensive than litigation. If you want to resolve your dispute more quickly and without the headaches of the legal system, consider whether mediation and arbitration are better alternatives for your needs.

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