Settlement Alternatives: Mediation Vs. Arbitration

When a disagreement turns into a legal matter, it can take an extended period of time to litigate a case. The realization of the stress and difficulties of arguing a claim are not very alluring, especially when a cordial agreement is desired, instead of a lengthy and costly dispute.

In these circumstances, mediation and arbitration are both economical ways to settle as disagreement, when it is crucial to solve an issue while maintaining professional and beneficial relationships amongst parties.

In the event of being intertwined in a legal matter, a peaceful solution would be to hire a mediation or arbitration service. Despite every course of litigation being unique, an agreeable outcome is usually expected.

Standard Civil Mediation and Arbitration Claims

Palm Springs civil litigation alternative dispute resolution services are conducted for various civil legal claims, including but not limited to:

· Personal injury
· Wrongful death claims
· Business and construction disputes.

All About Mediation

An alternative to the traditional courtroom setting, is mediation; where a neutral third party, also known as a mediator, will assist counsel and their clients to come to an amicable agreement resulting in the settlement of their claim. Both parties solely rely on the mediator’s power to settle a dispute, which usually results in a gain for both parties.

What is Arbitration?

Unlike mediation, in an arbitration, instead of a mediator deciding the fate of the settlement of a legal claim; there is a panel or board that individually invest their opinions regarding a suit. One major difference of arbitration than mediation, is the opinions of the board are based on the law, not just the facts of the matter, therefore, each party must accept the verdict as is. Which does not give the parties a lot of room to negotiate, yet it is a fast and effective way to settle a plethora of different varieties of law suits. 

In your typical ordinary business transactions agreements, arbitration is the standard form of dispute resolution. Arbitration is typically used in personal injury, employment law claims, and other civil suits. 

In Conclusion

Arbitration and mediation are the two alternatives to common dispute resolution, but there are distinctly diverse. When a decision is made in arbitration, all the power is held by the third-party arbitrators; as this method relies on the legal guidelines. 

Yet mediation is guided by the parties as opposed to the mediator, where the parties have more flexibility in what side will accept with coming to a decision to settle a claim.

Therefore, mediation is an amicable agreement between two parties, where are arbitration is a decision made by a panel on behalf of two parties, in which the panel decides what is legally equal and fair. 

If it is crucial to arbitration or mediation a claim in a civil litigation matter, choosing the property law firm is essential. Research their experience litigating your particular type of claim. That’s why you can trust your claim with our Palm Springs civil litigation law firm, as they are well verse in all types of legal settlement matters.