Mediation and Arbitration: What You Need To Know
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Mediation and Arbitration: What You Need To Know

It’s all about the trial, right? After all, it’s what
Hollywood and television wants you to believe. Trials are dramatic. One determined side
again the other in full courtroom combat,
or something. Let’s face it. You don’t see a lot
of movies centered on out of court settlements. But the truth is,
many court cases, especially civil cases, are handled in just that way,
with both parties coming to an agreement and settling on
a sum that resolves the dispute and stops the litigation, therefore avoiding
a potentially drawn out and costly trial process. Which even though it makes
“The Good Wife” look cool, can take a toll on
regular Joe’s and Jane’s. Also, trials are a gamble,
and the result is unpredictable no matter how good
your case is. When you settle however, it puts you in control
of the result. And mediation also allows you
to tell your side of the story without the procedural
red tape of court. Now, an important part
of the mediation process is naturally, the mediator. The mediator is like
a cross between Gandalf and a boxing referee, without the wizard powers
or a black bow tie. Let’s start over. A mediator assists
the opposite parties in negotiating the resolution
outside of court, and a mediator differs
from an arbitrator. An arbitrator acts as more
of a judge in the matter, without the ominous
black robe of course, unless that’s just
their personal style, whereas a mediator works
to find points of agreement within a conflict. Often, they will meet
separately with each party and discuss the weaknesses
of that party’s case in order to make them
think about a compromise. Although expected to maintain
neutrality and fairness in each and every case, a mediator’s approach
can vary with each situation. Sometimes, they might
have to be forceful. Sometimes, they might
have to remain calm. Mediation and arbitration
are both types of alternative
dispute resolution. These are ways that you can
use to resolve a dispute outside of the court system. It can be used to resolve
disputes in matters like breach of contract,
medical malpractice, worker’s compensation,
wrongful termination, and others. LegalYou can help you opt out of the traditional
courtroom process and opt in to mediation
or arbitration. LegalYou can also
help you prepare yourself for the mediation
or arbitration process and improve your chances
of settling out of court.


  • Ze Bunker

    Arbitration is a pro-business scam. Don't do it, Never. Protect your rights, protect what so many fought and died for. Don't let employers make you sign one. Court cases help protect consumers and the general public, they make better working conditions and wages for employees because we see what they are doing and have to be accountable. Private arbitration only helps businesses. Arbitration should be made illegal.

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  • vargisonj

    the Gandalf/ boxing ref metaphor is really bad, esp since we are supposed to disregard immediately after. what about the people that are actually trying to fucking learn something from this.

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