Cases often demand more of courts than they can reasonably accommodate. When that’s the situation they must consider legal alternatives to resolving disputes. Mediation and arbitration allow for a flexibility that allow for expedited resolution of certain cases, and they’re it’s fast becoming the preferred method by many lawyers and courts alike, even if many have trouble distinguishing between the two.
Negotiate Instead of Litigate
For many, mediation and arbitration is almost synonymous with simple negotiation. While either method of dispute resolution require either side of a party to communicate to reach a decision, negotiation often times involves one party trying to convince another to acquiesce to their demands. Mediation and arbitration use a neutral third party that does away with that aspect of their communication.
Using a Mediator or Arbitrator to Resolve Disputes
In the case of mediation either side of the legal divide in a case communicate through a certified mediator. It isn’t the job of the mediator to consider the legality of the case brought before them, but rather find common ground between either parties and reach a decision that leaves them reasonably satisfied. This means the mediator remains a neutral party who can consider alternatives to the desires of either party dispassionately, and hopefully come to a decision that’s fairer.
Arbitration differs by taking legal considerations before those of the parties who have employed a certified arbitrator for this task. When the facts of the case are considered, the arbitrator issues a decision, which in many cases binds both parties to adhere to. Typically a certified arbitrator is someone with a legal background, such as an attorney, that acts almost in the capacity of a judge for this dispute. That’s what gives their decision legal weight.