Mediation & Arbitration

Print PDF

Mediation and Arbitration are two types of Alternative Dispute Resolution (ADR), or procedures other than litigation that are used for settling disputes. ADR is often used in disputes such as divorce, employer/employee disagreements, landowner/tenant disagreements, and other issues. Examples of ADR are:

  • Conciliation  - An informal process in which an impartial, unbiased individual trained in dispute resolution, a third party neutral, assists in resolution, often without having the parties meet together
  • Mediation – a more structured process than conciliation, in which a neutral facilitates discussion, allowing the parties present to negotiate and helping them to reach a mutually acceptable solution to the dispute
  • Counseled Mediation™
  • Early Neutral Evaluation – a process in which the parties present their case to a neutral, and the neutral provides a non-binding assessment of the likely court outcome. With an objective evaluation, the parties have a realistic view of the court outcome, which may lead to settlement.
  • Arbitration – A more formal process in which the parties present evidence and the arbitrator renders a decision which can be advisory or binding, depending on what the parties and the arbitrator agreed to in their written contract.

For more information on Mediation, Counseled Mediation™, or Arbitration, click on the links above under Mediation & Arbitration.