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 >
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 >
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 >
While mediation and arbitration are both forms of alternative dispute resolution (ADR), these two proceedings do have some key differences. If you are considering using either of these alternatives to traditional litigation, knowing their similarities and differences can be helpful in choosing the right process for your specific situation. Mediation is a process used to avoid settling a dispute in... Read more >
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 >
Technically, the process of mediation can be used for just about any dispute that can be litigated in the traditional court system. While some cases go to mediation because of a judge referral, in other instances, mediation may be used as a pre-litigation process or because it has been stipulated in a contract. Although mediation can be used for a large variety of cases, some better suited for this form of... Read more >
Choosing a mediator is an important step in the mediation process. Finding a mediator that has an approach and style that matches the disputing parties' wants and needs will more likely result in a favorable outcome for both parties. However, when doing initial research, it can be difficult to get a feel for a mediator's intentions. Fortunately, there is a way to get an overview of a mediator's basic... Read more >
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 >
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