What are the differences between going to a court trial as opposed to alternative dispute resolution, such mediation or arbitration? Does Madia Law handle alternative dispute resolution cases?
Many businesses opt for mediation or arbitration proceedings instead of a court trial because of increased efficiency and decreased expenses. The main differences in the processes center on their rules, formality, and finality. Mediation is a cooperative process that uses a neutral third party to facilitate discussion and attempt to reach consensus amongst the parties. Mediators attempt to engage both sides in a collaborative way to reach a mutually satisfactory solution. No formal rules of evidence govern the proceeding. Mediation is generally the least formal, quickest, and least expensive way to resolve business disputes. However, it is also potentially the least decisive method, as mediation is generally non-binding on the parties, and therefore dissatisfied parties are free to bring their cases to court. Arbitration employs a neutral third-party (or a neutral panel) to act as an arbitrator of the parties’ dispute by examining the evidence, listening to arguments, and making a deci
Related Questions
- What are the differences between going to a court trial as opposed to alternative dispute resolution, such mediation or arbitration? Does Madia Law handle alternative dispute resolution cases?
- Since the court system has now embraced alternative dispute mechanisms such as judicial arbitration and judicial mediation, why hire a private judge?
- Does the University ever consider using Alternate Dispute Resolution--mediation or arbitration--instead of going to court?