General Information
These questions and answers are intended for clients represented by attorneys to assist them in understanding mediation and arbitration.
Q: Why would someone choose mediation and arbitration instead of going to court?
A: Going to court can be a time-consuming, costly and intimidating experience. With mediation and arbitration services, you can speed conflict resolution, reduce expenses and gain the legal protection you need.
Q: What is mediation?
A: Mediation involves meeting with the parties in conflict, with the goal of reaching a voluntary settlement. By revealing mutually satisfying options and applying fair standards, mediators guide the parties toward a reasonable agreement. The parties retain complete control over the terms of the settlement. Voluntary agreements may be drafted as legally binding contracts or stipulations.
Q: What is arbitration?
A: Arbitration is an evidentiary hearing where both parties may present witnesses and submit documentary evidence to determine legal rights and responsibilities. The arbitrator reviews the evidence and renders a decision within a specified time period, without delays associated with litigation. Each decision is legally binding and can be enforced as if it were a judgment of a civil court. Judgments are final and not subject to a lengthy appeal process. Further, awards are given within days, not months or years.
Q: "How do I get my case to mediation?"
A: Let the mediator do it. Call the mediator and let him/her answer any questions/objections.
Q: Why mediate?
A: See "Top Ten Reasons to Mediate" on our Home Page.
Q: The other side refuses to mediate; can I change their minds?
A: Ask them why they refuse, and then ask what would have to change in order for them to change their mind. Help them to find a way to effect that change.
Q: Am I showing weakness by suggesting mediation?
A: No. You are demonstrating your readiness and confidence to proceed.
Q: "Can we mediate this case?"
A: Absolutely. Every case can be mediated when both parties accept mediation as the best option to settle.
Q: The other side does not believe this is a case for mediation, how do I get them to see that it is?
A: No one really wants to go to court. Explain the benefits of mediation and be sure to emphasize how time erodes the strength of their case. Attitudes, facts, strengths and weaknesses change over time.
Q: Who wins?
A: Everyone. Everyone saves time, money and inconvenience.
Q: If the case is not ready for mediation, how can I push it along?
A: Ask what would have to happen for the case to be ready and get it done.
Q: The other side is concerned about the mediator I've suggested, how do I help them see it my way?
A: Let the mediator do the work. The mediator should call the hesitant party to dispel any concerns.
Q: The other side has never heard of the mediator I suggested, how do I ensure that this mediator gets to handle my case?
A: Call the mediator and let him/her introduce themselves. The mediator should have references available.
Q: What do I do if there is a perceived conflict?
A: Let the mediator resolve this issue with the concerned party.
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