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 Pros and Cons of Arbitration Arbitration Agreements Types of Arbitration Arbitration Laws Arbitration Clauses in Contracts What is Mediation Mediation versus Arbitration When is Mediation Appropriate? Philosophy of Mediation Types of Mediation Mediator Roles Mediator Liabilities Choosing a Mediator... Read more >

Mediation Vs. Arbitration

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 court... Read more >

Appropriate Mediation

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 >

Arbitration Agreements

Arbitration is a process in which a dispute between two or more parties is resolved outside the court system in order to avoid costly and lengthy litigation. To begin the process of arbitration, parties select a neutral person, called an arbitrator, and agree to be bound by the arbitrator’s resolution. An arbitrator is generally an expert with training in an area related to the dispute.   If both parties... 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 are... Read more >

Mediator Liabilities

Mediation is an effective means of resolving disputes without resorting to traditional litigation. Many courts are beginning to mandate mediation as a pre-trial procedure.   In the United States, the state of Florida has become a forerunner in implementing mediation to relieve the court system. In Florida, almost all lawsuits are required to be mediated before they can be scheduled onto a trial calendar... Read more >