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In the realm of conflict resolution, many people simply assume that litigation is their only option. Taking the matter to court is the age-old tried and true method of handling disputes among parties. Litigation can be, and most often is, expensive, time consuming, and emotionally taxing. There is, however, the entire area of alternative dispute resolution that can provide parties with options that can help them resolve their problems and disputes. Among these alternatives, the most common are mediation and arbitration.
While there are substantial differences between the two, most people do not know the difference between mediation and arbitration. Both are alternative dispute resolution techniques, but each one offers a different approach to the end result.
Arbitration is most similar to the traditional judicial hearing approach that most people think of when considering the “traditional” approach to dispute resolution. Arbitration utilizes a neutral third party who acts in a role similar to the judge. There can be one arbitrator or, as is the often the case, a panel of three. When the panel approach is to be utilized, each party chooses an arbitrator and then those chosen two choose the third, neutral, arbitrator. These individual then listen to each party’s side and render a written opinion on the matter. While it does not have to be, the arbitrator’s decision is generally binding (that is, final).
Mediation, on the other hand, generally only employs one neutral party. This mediator does not judge the case, but rather acts as a facilitator for discussion between the parties helping them come to a mutually agreeable solution to their dispute. Even though mediation can be beneficial at any point in a dispute, it is most effective when done right at the outset. This allows the parties to discuss get down to what their actual difference is – and in many instances, the parties find that they are not as far apart as they believed themselves to be when they sat down to the table. While the mediator is not evaluating the legal merits of either side’s claim, the end result finds the parties reducing their decisions down to a written agreement that is then signed and enforceable as a contract. The mediator remains neutral throughout the mediation process.
CFR Mediation offers this type of dispute resolution service. By choosing to mediate your dispute with CFR Mediation, you will benefit from the expertise of a CFR Certified Mediator who will help all parties reach a decision that resolves their dispute with a plan that they created. Of all the alternatives to litigation that parties can, and should, choose, mediation offers the approach that is most natural and gives parties the most hands on approach to making the decisions that will steer their destinies.
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Tags: alternative dispute resolution, arbitration, binding, certified mediator, Contract, Differences, Discussion, Facilitate, Judge, Litigation, Mediation, Meidator
