Mediation explained
Mediation Explained
Mediation As Opposed to Arbitration
Mediation As Opposed to Arbitration
In Mediation, as opposed to litigation or arbitration, the parties maintain control over the outcome of their case. Rather than placing responsibility for a decision in the hands of a stranger or jury, the parties, guided by the experience and understanding of a qualified and experienced mediator, make their own decisions, eliminating risk and stress.
Lawyers and parties who have experience with our legal system realize not every battle needs to be fought out in court. In most cases, it may be possible to arrive at solutions amicably, even when dealing with the most seemingly complicated and heated matters. at a fraction of the cost and time required for litigation or arbitration.
The goal of the our Online Mediation Service is to help you move forward from any pending or existing dispute you may be facing all while exercising control over the terms of a possible settlement.
Mediation can avoid the emotional and financial exhaustion that comes with litigation in a courtroom or in an arbitration.
Regardless of the type of dispute you are a party to, set yourself on a path to peace today. Contact Michael Wales to mediate your case.
Mediation As Opposed to Arbitration
Mediation As Opposed to Arbitration
Mediation As Opposed to Arbitration
Arbitration, on the other hand, is a fact finding process that is NOT focused on settlement. Arbitration involves the presentation of testimony and evidence and irequires a trier of fact to decide the case on the evidence and facts. In most cases, the Arbitrator's ruling is binding and may even include an award of attorneys' fees and costs to the prevailing party.
Binding arbitration awards are often converted into judgments on a motion by the prevailing party. That judgment is the same as if the case was decided by a Judge and/or jury. Though most arbitration awards are not “appealable,” a dissatisfied party may move the court to set aside or “vacate” the award. However, unlike appeals of court judgments, the grounds upon which an arbitrator’s award may be vacated are limited. Unlike Mediation, you, as a litigant, have no control over the outcome.
A contract or other instrument requiring arbitration may control the authority of the arbitrator. If no such requirement exists, the parties may agree in writing to bring the case to arbitration in which they may confer upon the arbitrator any authority they wish.
Set yourself on a path to peace today. Contact Michael Wales to mediate your case.