Arbitration is an informal and binding form on conflict resolution. It is often less expensive and more expeditious than going to trial. Parties who agree to enter into an arbitration allow their case to be heard by an arbitrator who will render judgment on the case.
Arbitration often required by contracts between corporate entities and the people interacting with them. This does not, however, mean that arbitration is unfair to the people who sign these agreements. Arbitrators are required to remain unbiased as they rendertheir decision.
In many aspects an arbitration is similar to going through the courts. The parties will argue their case in front of the arbitrator, who will then apply the law to the dispute and make a decision based on fact and law. The parties are then bound to the decision by the arbitrator.
The process of going through arbitration is quicker and less expensive than going through the courts. Parties do not have to wait for their turn in a long line to be heard in front of a judge.
Dan has been an arbitrator since 1989 and has been the arbitrator on thousands of disputes.
Mediation is a form of conflict resolution that allows the parties to come to an agreement that is mutually beneficial. Rather than allowing a judge or a jury to make a decision in the case the parties hire a mediator who assists the parties in making a deal. This allows the parties to maintain a relationship with each other after the dispute is resolved because neither party feels that they have been taken advantage of when the mediation finishes.
To help make this process as smooth as possible the parties will choose a mediator who will help the parties discuss their dispute. The mediator is a neutral party chosen by the parties to the dispute and he, or she, will facilitate discussion between the parties. By doing this the parties are able to discover what is important to the other side so they can come to a peaceful resolution. At the end of the mediation the parties come to an agreement and contracts are signed regarding the agreement.
Dan has been a mediator since 1989 and has mediated hundreds of cases,
It is pricey and time consuming to take a dispute to court. 97 to 98% of all cases filed never make it to court, this is because they are settled in pre-trial alternative dispute resolution. Many cases are settled in negotiations between the parties without the assistance of any person other than their attornies. When this is not possible the parties may use mediation or arbitration to resolve their disputes.
The use of alternative dispute resolution alleviates some of the strain on the courts system and allows the parties to resolve their disputes in an efficient and peaceful manner.