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Mediation
Mediation is a confidential, cooperative problem-solving process in which a neutral professional helps the parties clearly define the issues in dispute and works creatively with them toward finding mutually acceptable solutions. The mediator guides the discussions, assisting the parties in examining their individual interests and needs, and helps them reconcile their differing views.
The mediator has no decision-making power. She assists the parties in creating their agenda but they retain control of the decision-making. A further benefit of mediation is that parties in family matters are able to restructure their relationship in order to accommodate the family’s need for continuing communication.
Arbitration
Arbitration is a private dispute resolution process in which the parties present their respective positions to a neutral third party empowered by them to decide their contested issues. The parties agree in advance on whether or not they will be bound by the arbitrator’s decision. Most arbitrations are binding as the parties want a final resolution to their dispute. A non-binding arbitration would be more in the nature of an advisory opinion.
The parties to an arbitration are typically represented by attorneys due to the technical and legal aspects of presenting the evidence needed to make a decision. The attorneys can select a formal arbitration process, with direct and cross examination of witnesses, or an informal process, with presentations by each attorney where the facts are not in dispute. If they wish to use an informal process, they can decide in advance whether they want the ability to cross-examine the opposing party to clarify the facts presented or to obtain additional relevant information that may not have been presented.
The benefits of arbitration include expeditious resolution of the dispute and privacy of the proceedings.
Case Evaluation
Case evaluation affords the parties an opportunity to obtain from a neutral professional a non-binding opinion of the likely outcome of the case if decided by the Court. The parties and their attorneys each separately present the facts of their case to the evaluator who then outlines the parameters of a probable result if the matter were heard by the Court. This process often leads to settlement discussions in which the parties and their attorneys continue to involve the evaluator in assisting them to reach agreement.
Med/Arb
Med/Arb is a combination of mediation and arbitration in which the parties agree in advance to first mediate their disputed issues. If some or all of the issues in dispute are not resolved in mediation, they proceed to binding arbitration, scheduling a new date for the hearing. They can decide in advance or wait until the mediation process is concluded before determining whether to use the same neutral as an arbitrator if mediation is not successful. The use of the same neutral is usually more efficient, but the parties may be concerned about giving confidential information to the mediator who may later be asked to issue a binding decision.
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