Many people don’t know the difference between mediation and arbitration aside from knowing they are both alternatives to traditional litigation. They are quite similar. Both employ a third party to oversee the process. In modern litigation, however, people are more commonly using mediation over arbitration. Let’s find out why.
The Benefits of Mediation Over Arbitration
- Higher success rates – Parties are more likely to reach an agreement when a neutral third party encourages them to amicably do so . The environment is also more relaxed, with less rules governing how to conduct it. This allows a mediator to focus on resolving the tension between the two individuals themselves rather than resolving their stated positions.
- Greater involvement – Whereas in arbitration the arbitrator or (more likely) panel of arbitrators determines the outcome, mediation allows for the parties to propose and decide upon the agreement themselves. If you disagree with the decision the arbitrator makes, you have limited grounds for challenging it, as it is not possible to take it to court.
- Less expensive – In mediation, there’s no need for depositions or document requests. In this way, it’s a way around legal fees for both sides. Even though arbitration is cheaper than court, it often requires expensive fees for more complex cases to satisfy the costs of attorneys, arbitrators, and any key witnesses.
Mediation offers a more collaborative, non-confrontational alternative to arbitration and traditional lawsuits. It can help you to reach an agreement without damaging an important relationship in the process. Speaking with an experienced third-party mediator can help you to determine if mediation would help you in your situation.
Jared Julian, of Julian, Crowder and Shuster, has helped countless couples reach an amicable end to marriage. He is an attorney who can act as a third-party mediator for couples, or he can represent one side.