The term “alternative dispute resolutions” encompasses a variety of processes and techniques that parties can use to settle disputes outside the courtroom. Generally, these methods help disputing parties work together to come up with a solution they are both happy with, and are usually more cost-effective and quicker than traditional litigation.
For example, mediation is a popular alternative dispute resolution where a neutral third party called a mediator facilitates the conversation between both parties. The mediator’s job is to help both parties communicate their needs and proposals to each other, in order to come up with a mutually agreeable compromise. The mediator may also offer their own knowledge and opinions to guide the process. Some mediators are largely facilitative, while others are more evaluative. The most skilled mediators blend these two techniques according to the nature of the conflict and the stage in the mediation process.
Arbitration, on the other hand, is a more formal alternative dispute resolution where the parties choose an arbitrator to make all final decisions about their case. The arbitrator listens to both sides of the argument and makes a decision based on evidence presented by both parties. The results of arbitration are binding, similar to a court judgment, and cannot be appealed.
If you are in a situation where you need quality guidance through the legal process, Schwartzapfel Lawyers can help. We can discuss whether pursuing litigation is the right path for you given your preferred timeline, financial constraints, and the evidence you have collected so far.