What is Mediation and Arbitration in Dispute Resolution?
Apart from a negotiation between lawyers, an alternative dispute resolution process can be chosen by the parties involved in a matter. Two of the most popular options are known as mediation and arbitration. As the facilitator, a professional third party during mediation will help the parties reach an agreement on their own. When a dispute is resolved through arbitration, the final decision is made by an arbitrator as opposed to a judge. Their thorough understanding of the dispute’s area of focus is often why a mediator or arbitrator is selected.
If mediation and arbitration are among your options for a case, or you’re curious about what they entail, read on to find out more:
Comparing mediators and arbitrators
Neither role will represent a side for the particular matter, nor provide legal advice. A mediator has the goal of bringing the parties to an agreement closer together by discovering common ground between them and working with them in order to reach a final settlement that covers all issues in dispute.
On the other hand, arbitration can be carried out either in writing or going through the steps of a hearing. These include the arbitrator asking for additional documents or explanations if needed, and after a period of examination and hearing both party’s cases, they render a decision. An “award” is also a term used for this decision, and it’s legally enforceable. The decision of an arbitrator is in writing and received by every party.
From a family law perspective, although the process of mediation or arbitration might be suitable for you, it’s important to have your own family lawyer who can act as a guide along either of these paths. If you’re looking for more information on litigation as well as alternatives to court, contact a contract disputes lawyer at Melekhovets Law today.