Mediation and Arbitration

Mediation is an informal process in which the mediator conducts meetings with all of the parties together, as well as confidential meetings with each party and their attorney or other representative separately. Only the parties, their attorneys, and insurance company representatives may be present during mediation sessions unless otherwise agreed by the parties and the mediator.

Mediation is an excellent tool to employ when the parties have an ongoing relationship that they would like to preserve, such as when they will continue to do business with one another, are members of the same family, co-parents, or neighbors. Through the mediation process, all parties will have an opportunity to be heard and to convey their needs and most desired outcomes to the mediator, who will work to build a bridge between the parties and to help them come to an agreement to resolve their dispute.

Arbitration is somewhat more formal than mediation, although the process is still less formal than a trial. Unlike mediation where the parties come to an agreement to resolve their matter, in an arbitration, the arbitrator renders a decision which is binding on the parties.

During the arbitration, each side may present witnesses and exhibits. Each side is permitted to cross-examine the opposing witnesses and to make a closing argument.

Upon completion of the arbitration hearing, the arbitrator will deliberate and prepare a decision and award, which may then be converted to a judgment.

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Mediation

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