Mediation Between Mediation With Arbitration
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How to fill out Mediation Agreement Between Private Parties?
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FAQ
Consult colleagues who handle cases similar to yours, regarding mediators they frequently use and why they do so. Ask as many other attorneys as you can. If you have a certain mediator in mind, ask specifically about him or her. If several attorneys recommend the same mediator, you can probably rely on their opinions.
Some contracts state that the parties must ?mediate? a dispute before ?litigation? or ?arbitration.? Through mediation, the parties attempt to resolve their dispute with the assistance of a mediator. The mediator is not a decision-maker. Rather, the mediator assists the parties through facilitating a negotiation.
The most common combination of mediation and arbitration is med-arb, in which the parties attempt to resolve their dispute using mediation and proceed to arbitration only if they are not successful in reaching a settlement. Commentators praise this combination as offering the parties flexibility and efficiency.
Like mediation, arbitration utilizes a neutral third party, called the Arbitrator, to resolve the conflict between the parties outside of a courtroom. However, unlike mediation, the Arbitrator serves as a private judge to listen to the evidence and make rulings to determine the outcome of the dispute.
Typically, mediation is a good choice if both parties believe they can work together to come to an agreement on their own. In cases where this doesn't seem possible, arbitration may be a better choice. If you're not sure which option is best for you, consider talking to a lawyer.