Taking a case to court and aggressively litigating the matter is not always the best way in which to reach a resolution to a legal issue. In some cases, it may be in a client’s best interests to seek an out-of-court solution through a method of alternative dispute resolution (ADR), such as mediation or arbitration.
Mediation is a form of alternative dispute resolution (ADR) that attempts to find a solution to the case that suits both parties involved in a lawsuit. The mediation process involves the participation of a third-party mediator who works to find points of agreement and make the disputing parties agree upon a fair result.
This is a process through which give and take may be required in order to reach the best possible result for all involved parties.
Through the arbitration process, both parties present their sides of the case to a neutral arbitrator (or panel of arbitrators). This third-party arbitrator then makes a decision in the case. Arbitration is much like a mini-trial held in an attempt to avoid a court trial. The decision of the arbitrator or panel is legally binding and appeals cannot be filed.