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Alternative Dispute Resolution: Mediation, Arbitration or Both?

June 12, 2015 by West Coast ADR

Alternative dispute resolution includes a variety of different means for resolving disputes: mediation, arbitration, collaborative law or med-arb. An attorney who practices ADR can help you decide which is best for your situation. Whether you need assistance with a divorce, child custody, property division or are having a dispute of a different kind, if you are looking into ADR, you have made a good choice.

ADR can be much more suitable for people who don’t want to go to court to resolve their differences. It is also private, which is not the case when you are in the court system. Many people want to know: what is the difference between these types of ADRs?

Collaborative law involves an attorney for each party. Participants sign an agreement at the beginning of the process, and the goal for the end result of the process is a binding agreement that each party must abide by. During the collaborative process, a sequence of conferences takes place between the four parties and other professionals as needed.

In mediation, the parties have a neutral, unbiased mediator who listens to the issues and helps the parties come up with an agreeable resolution.

In arbitration, a neutral party listens to the issues by both parties, and then they make a non-biased decision, similar to a judge in court. However, this process is much less expensive than going to court and is private between the two parties only.

Med-arb is using both mediation and arbitration to resolve disputes. The mediator and arbitrator may be the same person or two different people. If mediation works, there is no need for arbitration; however, if some issues still cannot be agreed on, the arbitrator will then step in and make a decision for the parties. You can read more about the med-arb process here.

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