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Alternative Dispute Resolution: The Arbitration and Mediation Process

By Edited Feb 8, 2016 0 0

The goal of lawsuits and cases is to resolve disputes between two parties. Entering a lawsuit is a legal way to solve a problem. However, some lawsuits may take months, and even years before a resolution is achieved and a decision is released. If you are in a hurry and you do not want things to get even more complicated, you can just ask the opposing party that both of you sit down and settle things without going to court. This is called ADR or Alternative Dispute Resolution.

There are two main types of ADR: arbitration and mediation. Both of them are beneficial in some ways. The following paragraphs are some of the things you may want to know about these two terms.

Arbitration

This type of ADR is characterized by an arbitrator who acts as a judge. Both parties should decide if his decision would be binding or not. Here is how the arbitration process goes:

  • Each party would present its set of evidences in front of the arbitrator.
  • Acting like a judge, the arbitrator would weigh the evidences and make a decision based on the arguments of both parties.
  • If the decision is binding, the two parties should comply with it. On the other hand, if it is non-binding, they can still pursue the dispute and take it to a court hearing.

Mediation

Similar to arbitrators, mediators should be a neutral third party. He may be an attorney, a former judge, or an expert in the case on hand. The mediation process goes as follows:

  • The two parties will present their propositions to the mediator.
  • Both parties would be encouraged to talk and present their settlement options to each other.
  • The mediator would choose a common ground that benefits both parties.
  • Unlike arbitration, the decision of the mediator is non-binding and the concerned parties can still go at it in court.

ADR is a simplified and more practical way to end a dispute case. It does not take too much time and it is also relatively cheaper. What complainants and defendants would need to worry about is how to find an arbitrator or mediator to settle their case. Unlike court cases where the judge more time on his hands to decide, arbitrators and mediators only have several days, or even hours to make a decision.

If you want to settle your case in the quickest way possible, propose to the other party to employ the arbitration or mediation process. And just like court hearings, you will need to get a Los Angeles employment attorney during the ADR process.

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