What is Arbitration?

Arbitration is a legal process that resolves disputes between two or more parties without taking them through the formal court system.   Many people choose arbitration as an alternative to traditional litigation because it is a less costly and time-consuming process. The most common use for arbitration is the resolution of commercial disputes, but other arbitration cases may include debt, divorce... Read more >

What is Mediation?

Mediation is the method of resolving disputes in which the two disputing parties come to a resolution between themselves, rather than accepting a resolution determined by some third, outside party. To minimize conflict and ensure fair resolutions, mediations are sorted out by impartial mediators that stimulate discussion between the parties in conflict. Mediators have no part in the dispute and don't directly... Read more >

Resources

What is Arbitration Loeb & Loeb, LLP (1999). What is an Arbitrator's Duty of Disclosure? Retrieved March 6, 2008, from the FindLaw Web site. U.S. Securities and Exchange Commission(2008). Arbitration. Retrieved March 6, 2008, from the U.S. Securities and Exchange Commission Web site. American Arbitration Association (n.d.). About American Arbitration Association. Retrieved March 6, 2008, from the AAA Web... Read more >

Mediator Roles

Mediation is a form of dispute resolution overseen by an impartial third party, or mediator. When two or more parties seek to resolve a conflict without resorting to litigation, a mediator can be hired to help further the process.   Many people feel unclear about how the roles of advocate and mediator are different. While an advocate (attorney) assumes a clear position and defends his or her client, a... Read more >

Types of Mediation

Mediation is a process that can be used to resolve a number of different types of disputes. Because different disputes involve particular issues or interests that may need to be handled in specific manners, disputing parties can choose between many different types of mediation to find an appropriate resolution. The different types of mediation are categorized by the type of relationship the disputing parties... Read more >

Choosing a Mediator

Before you can start the process of mediation, you and the other party in the dispute must choose a mediator to oversee the proceedings and facilitate the discussion. Because people obviously respond differently to different methods and mediators are crucial to working out resolutions, some care will need to be taken when choosing a mediator. Here is an outline of the steps to follow when choosing a qualified... Read more >

Types of Arbitration

Many people choose arbitration as an alternative to traditional litigation because it is a less costly and time-consuming process. Arbitration is a legal process that resolves disputes between two or more parties without taking them through the formal court system.   Because arbitration hearings are not open to the public and proceedings are not considered public information, they are commonly preferred... Read more >

Arbitration Pros and Cons

The myriad rules, formalities and procedural safeguards of the American justice system can sometimes seem quite boggling to the average citizen. Forms of Alternative Dispute Resolution (ADR), such as arbitration and conflict mediation, have become popular options for parties that wish to settle legal claims without going through the traditional civil system.   In traditional litigation, one party hires an... Read more >