The distinction between mediation vs. litigation is very different from the distinction between litigation vs. arbitration. Mediation is a means of settling legal disputes without going to court. A mediator need not be a lawyer, but an attorney may work with a litigation mediation group as a mediator. The mediator presides over a discussion between both parties involved in the legal dispute, and helps them reach an accord. The agreement reached is not binding, and may be easily appealed in court, but most people choose mediation because they wish to avoid litigation
When deciding between arbitration vs. litigation, it’s important to consider that arbitration takes place not in a court of law before a judge, but before an arbitration panel or a single arbiter. The arbiter is often an attorney or judge, often retired or extremely experienced. The judgment handed down in arbitration is binding and difficult to overturn by litigation.
If you’re facing a legal fracas, litigation and arbitration aren’t the only ways to settle it. There’s also mediation. To understand mediation vs. litigation, you should know that, unlike litigation, mediation doesn’t take place in a court. Neither is the conclusion reached in mediation legally binding, although most people try to abide by the terms reached in their meditation, since they’re using this proceeding as a way to avoid litigation. In mediation, both of the parties involved meet in the presence of a mediator, who helps to smooth the interaction between them, prompting them to reach a solution that suits both. Our litigation mediation group can help you start this process.
If you’re wondering what the differences are in arbitration vs. litigation, arbitration doesn’t occur in a typical court setting, but privately before an arbiter, or even several arbiters. When deciding between litigation vs. arbitration, most people take into account that arbitration often requires less of an investment of money and time. Both produce binding legal resolutions, although decisions reached in arbitration are usually the hardest to appeal.
I am standing by to answer your questions regarding litigation vs. arbitration and mediation vs. litigation. If you’re embroiled in a legal feud and trying to decide between arbitration vs. litigation, I am skilled in litigation mediation and can help you make the right choice. Contact me today to discuss your dispute privately.