Mediation or Arbitration?
Arbitration:
I am available to hear Uninsured/Underinsured Motorist Claims, or any kind of personal injury or property loss cases in Arbitration.
Arbitration is an adversarial process in which a neutral third party (Arbitrator) is hired by the parties to decide the outcome of a dispute. It can be a viable alternative to trial, as it avoids the expense, delay, and acrimony of more formal litigation and trial. When parties submit their dispute to arbitration, they agree to be bound by and comply with the arbitrator’s decision, also called the "award." The award is given after each side presents evidence and witnesses, and has the same force and legal effect as a contract in writing between the parties. The award can later be confirmed or vacated by the court based upon a petition by the prevailing or non-prevailing party. Once confirmed, the award can be entered as a court judgment.
What are some advantages of Arbitration?
Since arbitration is a less formal and more flexible process, it is typically less costly than litigation and trial.
Unlike trials, arbitration proceedings can be scheduled in a flexible manner for the parties (depending on the availability of the arbitrator).
There are more simplified rules of evidence and procedure. The right to discovery is either limited by the parties’ agreement or is at the arbitrator’s discretion (with limited exception for personal injury cases).
There are limited grounds for judicial review.
The parties select their arbitrator directly, enabling them to pick someone with the skill and experience necessary to render an accurate and appropriate award.
The arbitration process is private and confidential.
Mediation:
I am available to hear any kind of personal injury, property damage, neighbor vs neighbor, or other civil damages cases in mediation.
Mediation is a confidential, non-binding process in which the parties attempt to settle their legal dispute on their own terms, with the active assistance and participation of a third party neutral (mediator). The mediator facilitates communication and works to find points of agreement between the parties in order to reach a mutually acceptable and fair resolution of their dispute. Mediation can be initiated at any time by agreement of the parties, or is sometimes required by the terms of parties’ contract or recommended by the court.
What are some advantages of Mediation?
The parties remain "in control" over their case - they alone decide whether to resolve their case, and on terms they can live with.
The parties work cooperatively to find a solution, instead of having the judge or jury decide the outcome of their case.
It focuses on problem solving, and the mediator is there to help the parties explore their choices - but leaving them in control over the outcome and results.
Mediation is confidential and private, so what the parties say in mediation cannot be used against them later in court.
The parties can talk not only about their "positions," (what they want), but also their "interests," (why they are staking out their position). And discuss what's truly important and how they feel about the dispute.
The parties can reach an agreement that goes beyond the monetary issues - for example, giving one side a chance to offer a creative solution, or to fix a problem, or apologize.