Mediation
Mediation is designed to help parties resolve their disputes without going to court. In mediation, a neutral third party (the mediator) meets with the opposing sides to help them find a mutually satisfactory solution. Unlike a judge or an arbitrator, the mediator has no power to impose a solution.
Typically, both parties will appear at the mediator's office with their attorneys and are placed in separate rooms. The mediator will meet with each side to learn about the case and the position that each side takes. The mediator will go back and forth between the two rooms communicating between the parties. It will be the mediator's job to facilitate communication and strongly encourage both parties to settle by showing how it is in their best interest to settle.
Mediation is very effective if parties have exchanged information and narrowed the disagreement to a few issues. During this type of mediation, the attorney who represents you will advise you of the legal and financial consequences of the proposals to settle. A good attorney will also help you think through the non-legal consequences of the proposals as well.
There is a cost to both parties for mediation. Both parties will split the cost of the mediator's fee and will each pay their attorneys to attend the mediation. Although it may seem expensive, it is far less costly than going to Court.
Arbitration
Arbitration is a way to resolve disputes without going to Court. A private judge (neutral third party) is hired by the parties in litigation to hear the case and make a decision on how to resolve the dispute. The decision made by the Arbitrator is binding on the parties. The parties agree to enter into Arbitration with an arbitration agreement.
Arbitration is an excellent alternative if the parties want to have more flexibility in the presentation of the case or if the issues are very complicated and a Court setting would be inappropriate for the presentation. This is also a way to keep the matter private between the parties, as nearly all Court proceedings are a matter of public record.
Typically, both parties split the cost of the Arbitration, but this can be negotiated or placed before the Arbitrator to decide on the allocation of costs. This process is not always less expensive than Court, but the privacy and freedom in the presentation of evidence is very valuable.
Attorney Gena McCray would be glad to assist you in the process of mediation or arbitration. She can also serve as a mediator.
Contact attorney Gena McCray or call us at (919) 497-0091 for more information.