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Mediation Vs. Arbitration: Types Of Alternative Dispute Resolution Methods
Mediation and arbitration are components of alternative dispute resolution that are gaining increasing traction in this country. They allow both parties to work together on a solution, thus saving money and creating additional buy-in from all parties involved.
Mediation allows both parties to sit down with a neutral third party. This mediator facilitates discussions and negotiations until the two parties reach an agreement. Generally, this agreement must be finalized in court by a judge.
This provides both parties the opportunity to have buy-in on the outcome. This means that both parties will likely abide by the agreement with fewer disputes in the future.
Arbitration also lets both parties negotiate and discuss the matter with a certified and neutral third party. The opposing parties both present their case and discuss it with this individual. However, rather than creating an agreement together, the third party will determine an outcome at the end of the arbitration.
This allows the parties to negotiate outside of the courtroom, letting their voices be heard without the expenses of trial and court costs.
Family law is one of the most common areas to leverage mediation toward a solution. This allows both spouses to agree upon terms that they will likely both abide by. It is particularly advantageous in situations where children are involved. The process is more likely to preserve the relationship parents have with each other and produce a parenting plan that is in the best interests of the child. It also allows both parties to keep costs low in an already expensive process.
Other Legal Disputes
Alternative dispute resolution is not relegated to family law, however. Almost any other matter that would otherwise have gone to litigation can be resolved through mediation or arbitration. This allows both parties to avoid the costly expenses of court and a long trial.
At McGavick Graves, P.S., we provide our clients with attorneys and mediators who are especially trained in alternative dispute resolution. We provide you with an understanding of this process and help you determine if it is the best option for you. It saves money and allows you to have a share in the control of the final decision.