Mediation & Arbitration

What Is Mediation?

Mediation provides an opportunity for parties to resolve their matters outside of protracted litigation by engaging a neutral facilitator. Often the mediator is a retired judge or an attorney with extensive experience in a particular practice area. The process is more open-ended than litigation and need not follow any particular rules of procedure. The progress toward settlement depends on the openness of the parties to reach an agreement and the skill of the mediator to guide them to resolution.

Mediation can be court-ordered or entered into voluntarily by the interested parties. This process is sometimes conducted through a court system, but often takes place through a private mediation service, either one dedicated solely to mediation or a law firm with experienced attorneys who also offer mediation, like Prinz. 

The outcomes of a mediation are fully determined by the parties and are only as binding as the parties agree for them to be. Instead of imposing a judgment or decision, a mediator guides the parties to find a mutually beneficial agreement that is a positive result for all.

Generally, mediation is considered the least adversarial option for dispute resolution as well as the most cost-effective.

What Is Arbitration?

Arbitration is a growing alternative to litigation through the court systems. Some parties may have contractually agreed to arbitrate their matters, while others make an affirmative choice to do so to reduce costs and time. It is often a more limited and private process, typically decided by one or more arbitrators.

Various arbitration  nationwide to provide this service, often with rules of procedure that are specific to each. Like mediators, an arbitrator is usually a retired judge or an attorney with a specialized practice.

As with mediation, arbitration is intended to be more efficient and less costly than pursuing litigation through the court system and the arbitrator may attempt to help the parties reach a mutually beneficial solution. Unlike mediation, arbitration follows specific rules of procedure and evidence, much like a court proceeding. Further, the arbitrator usually serves as the final decisionmaker.

Arbitration may be binding or non-binding, according to the wishes of the parties or a contract entered into between them. If it is binding, the arbitrator issues a ruling that must be adhered to by the parties and the options for appeal are limited. If arbitration is non-binding, one or both parties may reject the arbitrator’s decision and pursue litigation through the court system. 

Because arbitration is used to avoid the high costs of litigation, it is important to find an arbitrator who understands the area of law in question and who is able to see all sides of a dispute. Prinz attorneys possess breadth and depth of experience in arbitrating employment and business disputes and are able to ensure that parties receive a fair and respectful process.