Arbitration & Mediation Topics

Why Mediate?

I almost always recommend mediation as an option to get a case resolved. Mediation is a voluntary process where the parties come together to try to resolve their case with the help of a trained, unbiased third party, i.e., a mediator. In mediation, resolving the case is not mandatory which means that you might engage in mediation and not resolve your case at the mediation.

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While litigation can resolve a dispute successfully, it may not always be the most cost effective or practical way to resolve the matter. Recently, a client had a dispute with another client of ours, and wanted to file a lawsuit against our other client.

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Arbitration v. Mediation, what do these words mean?

I recently had someone ask me what the difference is between arbitration and mediation. The answer is rather quite simple, mediation is a settlement process and arbitration is a judicial process. In mediation, there is no judge, or judge-like figure. Rather, there is a mediator, a third party, usually chosen by the parties to a lawsuit, who mediates the dispute. The parties are not required to settle.

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