Arbitration, Litigation, Mediation...what does it all mean?

During the 2018-2019 school year, there were over 60,000 students enrolled in law school. While that may seem like a large number of individuals, when you compare that number to the more than 100 million cases that are filed in state courts every year, you will quickly see why court hearings can be scary and confusing for the everyday person. Trials, hearings, arbitrations, mediations, litigations; it doesn’t all have to be so daunting for those who find themselves involved in one of these legal proceedings.

What are “legal terms” for $1000, Alex

Sometimes hearing you are going to be involved in a legal proceeding feels more like you are losing a round of Jeopardy when the terms start flying at you with increasing speed. If you are not one of the 60,000 or so law school students, you may not be familiar with terms like arbitration, litigation, or mediation. Take heart however, this user-friendly guide will help you understand the words and the proceedings behind them.

Do we have to go to court? 

“The main difference between mediation and arbitration is the process used to solve your conflict. Both options will help you solve a legal issue outside of the traditional courtroom, but they use two different methods to get you from A to Z.”[1] While “arbitration” is typically a binding process that can replace a full trial proceeding with a set of chosen people who will act as the judges in your case, “mediation” is a non-binding process with a single mediator who isn’t so much a judge in your case, but a conversation facilitator that leads the discussion and eventual resolution of your dispute.

Arbitrators, acting as judges, make decisions about the evidence presented and they give written opinions on legal matters. The most common procedure is that each side will select an arbitrator and then those two selected will choose a third arbitrator to help mitigate issues. Decisions in arbitration are made by the majority vote. 

Mediation is winning the popularity case

Traditionally, litigation is an expensive, time consuming, emotionally draining and unpredictable process that most would like to avoid. As such, mediation has started to win the popularity contest of legal proceedings. It really gives all parties the chance to “get things off their chest.”

Mediation is the process by which all parties involved can come together, “freely and confidentially” to present their positions to a neutral third party. This process is far cheaper and easier than litigation, thus gaining popularity every day. While litigations can be a hostile environment, the more laid back atmosphere of a mediation typically allows for a more relaxed process.

Which proceeding should I hope for?

If you have found yourself in the process of a legal dispute, it does not have to be the end of the world. Fight for yourself. Find the right people to fight for you. And without a doubt, fight for the most cost-effective process to resolve your issue. Take a look at the pros and cons of each type of dispute resolution. If you are not someone who likes to speak up for yourself, maybe mediation is not for you. If you are looking for a publicly transparent proceeding, maybe arbitration is not for you.

Know what you want going into your proceedings. If you need a fast, cost-effective resolution to your dispute, definitely explore the arbitration route. Be sure to fully research any binding clauses to your arbitration as you may not have the right to appeal if it is binding. If your desire is to have an outcome that does not include “winning or losing,” mediation might be a great route for you as it is more of a mutually agreed upon outcome. However, if both parties are entrenched in their viewpoints, it might not be your best bet.

Do your own research

Legal proceedings are never a one-size fits all process. What was right for your friend’s divorce proceedings, might not fit for you. Do what is right for you.

[1] Mediation vs. Arbitration vs. Litigation: What's the Difference?https://adr.findlaw.com/mediation/mediation-vs-arbitration-vs-litigation-whats-the-difference.html