Mediation and Arbitration

Alternative Dispute Resolution

Litigation is not the only way to resolve a legal dispute.

Mediation and arbitration are forms of alternative dispute resolution that can allow parties to address disagreements outside the traditional trial process.

Members of Black Ballard McDonald P.C. have been actively involved in mediation and arbitration involving personal injury litigation, financial matters, corporate disputes, and other civil cases.

What Is Mediation?

Mediation is a structured negotiation process involving a neutral mediator.

Rather than deciding which party wins or loses, the mediator assists the parties and their attorneys in identifying disputed issues, evaluating possible solutions, and attempting to reach a mutually acceptable agreement.

When successful, mediation can allow the parties to resolve a dispute without proceeding through a complete trial.

What Is Arbitration?

Arbitration is different from mediation.

In arbitration, the parties present their positions to an arbitrator or arbitration panel. The arbitrator then makes a decision according to the applicable arbitration agreement and rules.

Depending upon the agreement and proceeding, arbitration may be binding or otherwise subject to particular legal requirements.

When Is Alternative Dispute Resolution Used?

Mediation and arbitration may be used in personal injury disputes, business and corporate disputes, financial disputes, contract matters, and other civil litigation.

Alternative dispute resolution may occur before a lawsuit is filed or while litigation is already pending.

The appropriate method depends upon the nature of the dispute, agreements between the parties, and the objectives of those involved.