Mediation is the most simple and usually least expensive form of Alternative Dispute Resolution. It employs a neutral third party who does not judge the case but helps facilitate a discussion and eventually a resolution of a particular dispute. Many Mediators are Attorneys; however, they do not give legal advice during the mediation nor do they draw legal conclusions about the merit of either party's position. It should be noted that while mediation has an extremely high success rate and can be used for any type of dispute, it can only be successful when both parties want a resolution. A successful mediation concludes with a Mediated Settlement Agreement that is legally binding and the mediation process is completely confidential, all while saving both parties a great deal of time, money and stress.
Arbitration is very different from mediation. Both parties present their case and the Arbitrator decides the outcome of the case. Arbitration more closely resembles litigation in that a neutral third party hears the disputants' arguments and renders a final decision. The procedure and the proceedings are slightly less formal than litigation in a Court of law.
Med-Arb or Mediation-Arbitration is a process where one person is both the Mediator and Arbitrator of a dispute. The process begins with mediation and an open discussion to facilitate the resolution of all or as many of the issues as possible. If some issues are unresolved, the mediation is concluded and the arbitration begins. The Arbitrator then renders a final binding decision only on the outstanding issues. At the end of the process, all issues are resolved.
Litigation is the entire range of steps that are involved before, during and after a trial. Criminal and civil matters are both "litigation." Anyone who has been involved in litigation knows that it is time consuming, expensive, emotionally draining and unpredictable. When litigation is used, a judge or jury decides who wins. Inevitably, by design, someone has to lose. Alternative Dispute Resolution methods provide processes that allow for the creation of a "win-win" solution.
"The notion that most people want black-robed judges, well-dressed lawyers, and fine paneled Courtrooms as the setting to resolve their dispute is not correct. People with problems, like people with pains want relief, and they want it as quickly and inexpensively as possible." -Warren E. Burger, Former Chief Justice United States Supreme Court
If, after the parties reach a Mediated Settlement Agreement and/or an Arbitration Award is rendered, either party is not complying with the terms of the Agreement and/or Award, the party seeking compliance will have to file a Court action to enforce the terms and conditions. URMe can provide a list of local Attorneys upon request.