How Does the Mediation or Arbitration Process Work?
Mediation and Arbitration are forms of Alternative Dispute Resolution (ADR) that enable parties to find mutually beneficial, creative solutions to their legal problems, while avoiding the expense and risk of going to court.
What is Mediation?
Mediation is a non-binding process led by an impartial third party mediator. The mediator is familiar with the case, applicable law(s), and helps both parties clarify their positions or underlying interests. A mediator encourages parties to consider alternative perspectives to reach common goals. A mediator attempts to guide the parties to a resolution, and at the end of mediation, parties may have resolved all, or some, of the matters in dispute.
What is Arbitration?
Arbitration is a more formal process than mediation. It involves a third party decision-maker chosen by both parties to resolve their dispute outside of court. Unlike mediators, arbitrators can make binding, legal decisions on the matters before them.
Parties will sign an agreement prior to arbitration, which identifies the decision-maker, sets out the relevant procedural rules, and the extent to which any decision will be binding. During the hearing, each party is given an opportunity to present evidence and make arguments to persuade the arbitrator to decide in their favor. Arbitration allows the parties to have their disputes determined confidentially and more efficiently. Arbitration results are binding and can be enforced as if they were a decision of the courts.
We Are Trusted Mediators and Arbitrators
If you are looking for a Mediator or Arbitrator to act as a neutral third party, call us at (610) 490-8877. Emil Giordano is a former Northampton County Court of Common Pleas Judge and is available to handle your mediation or arbitration case, along with our other Lehigh Valley lawyers.