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Friday, October 5th, 2012 @ 11:57PM

WHAT IS ARBITRATION?

Arbitration is a method of resolving disputes between two or more parties. Just as differences may be concluded by negotiation, mediation or ligation, so may they be resolved through arbitration. In an arbitration, a neutral person who is uninvolved in the dispute (the arbitrator) listens to the parties express their…

Friday, October 5th, 2012 @ 11:56PM

HOW DOES MEDIATION WORK?

Mediation does not follow any formal format. There is no rules of evidence. The parties can say what they think – even if not relevant or admissible in Court. Mediators will often separate the parties and meet with each individually. That way there can be a candid exchange of ideas…

Friday, October 5th, 2012 @ 11:55PM

HOW IS MEDIATION DIFFERENT?

Disputes may be resolved in many ways. The parties often try to negotiate a settlement. This can be done directly or through representatives. There are other options such as mediation, arbitration and litigation. Litigation is adversarial where the judge or jury makes the decision. Often litigation produces a winner and…

Friday, October 5th, 2012 @ 11:51PM

WHAT IS MEDIATION?

Mediation is a process used to resolve disputes. In mediation the parties are assisted by a neutral third-party called a mediator. The mediator does not impose a solution, but rather facilitates communication with the goal of reaching a settlement.

Friday, October 5th, 2012 @ 11:40PM

WHY ARBITRATE?

Fast, Informal, Private, Cost-Effective, Final

Friday, October 5th, 2012 @ 11:37PM

WHAT ISSUES CAN BE RESOLVED BY ARBITRATION?

Arbitration may be used to decide virtually any type of claim which the parties agree to submit. Certain types of claims may be excluded by statute from arbitration under a real estate listing or sales agreement. Examples include bodily injury, wrongful death, foreclosure, marital dissolution, probate or eviction proceedings. Other…

Friday, October 5th, 2012 @ 11:34PM

WHAT ARE SOME ADVANTAGES OF ARBITRATION?

When disputes are finalized through arbitration, resort to the judicial system is avoided. Courts are backlogged. Cases move slowly, the formal rules are cumbersome, and a trial may not take place for many months or even years. The delays inherent in litigation create an emotional and financial hardship on all…

Friday, October 5th, 2012 @ 10:56PM

WHO AND HOW MUCH?

Any neutral person the parties trust can mediate a dispute. This person may be a trained and experienced mediator, a member of a panel of mediation service, or one with specific knowledge of the subject matter. Many professional mediators are certified, have relevant dispute resolution experience and belong to professional…

Friday, October 5th, 2012 @ 10:04PM

FINAL ANALYSIS

Mediation can be initiated at any time to resolve any type of dispute. The parties may agree to attempt mediation before arbitration or filing a lawsuit. If the mediation is not successful, the parties may pursue all other rights. Mediation is a process in which parties come together with the…