As you face a legal dispute, you may want to consider alternative dispute resolutions. Getting to know your options gives you the opportunity to work through your issue in a manner that will support healthy relationships and positive outcomes.
Your attorney will be able to discuss the resolution process that is best for your situation but familiarizing yourself with the options is always a good idea.
Third-party mediation
Mediation is a great way to come to a voluntary resolution privately and outside of court. Typically, both sides have the opportunity to work with lawyers on their own, but the actual discussion happens with a non-biased third party. This mediator does not create a solution to the problem, but rather helps both sides work together. Mediation is best for:
- People who can resolve issues without court action
- People who need time to express their feelings
- People willing to ultimately work together to reach a solution
- People ready to maintain the agreement, even without legally binding contracts
- People who want to create their own resolution and to keep it private
Third-party arbitration
Like mediation, arbitration involves a private third party. However, in this option the arbitrator acts as a judge and proposes a legally binding solution. Lawyers can be involved, but ultimately the arbitrator makes the decision. Arbitration is best for:
- People who want legal documentation, but don’t want to go to court
- People who need time to express their feelings
- People who need an expert to come up with a solution
- People who want their proceedings to be private
Civil litigation
Litigation takes your dispute out of privacy and in front of the courts. In this option, you and your lawyer will argue your side and the decision will be made by a judge or jury. Civil litigation is best for:
- People with irreconcilable differences, who can’t find a solution via mediation or arbitration
- People who want a lawyer to handle most of the proceedings
- People who need a judge to create a legally binding solution
Understanding your options in resolving issues means that you have the opportunity to customize your experience. Many who utilize an alternative dispute resolutions are dealing with divorce, child custody, business issues and negotiations.
Working with your lawyer, mediator or arbitrator will help you find the solution that works best for you and the other party.
