Mediation & Arbitration Lawyer in Raleigh, NC

What to Know About Mediation & Arbitration 

Ahead of any kind of legal dispute, you may wonder if you will need to go to trial to settle your case. In many situations, reaching fair and mutually beneficial settlements without appearing in court is possible. Specifically, you can accomplish this through alternative dispute resolution (ADR) methods such as mediation and arbitration. 

Below are details about what these processes entail:

Mediation 

This is a process during which parties work with a neutral third party (the mediator) to resolve a dispute. In mediation, parties maintain control over the outcome of their case. 

The mediator does not render a decision but instead: 

Arbitration

Although arbitration is like a trial, it is much less formal and generally quicker. During the arbitration, parties will select one or more ADR-trained professionals to hear witness testimonies and examine the evidence. The rules of discovery and evidence are relaxed in arbitration, which tends to make it shorter and more cost effective. At the end of arbitration, the arbitrator(s) will deliver a binding decision. 

The Benefits of Alternative Dispute Resolution 

Opting for ADR is a choice that can benefit you in several ways, including:

• Greater control over your case’s outcome: Mediation allows parties to solve their disputes and come to mutual agreements without the influence of a judge or jury. Arbitration lets parties choose who oversees their case, which can lead to a more satisfactory solution. 
• Time and cost savings: Litigation is time-consuming and expensive, as court proceedings often last months or even years. You can generally achieve a settlement in less time and with fewer resources through ADR methods.  
• Privacy and confidentiality: Court battles are public record. However, ADR methods can keep case details confidential, allowing you to resolve sensitive matters privately. 
• Flexibility: ADR methods are not bound by as many strict legal rules and can be tailored to fit your specific needs. 
• Less adversarial: Litigation is often combative, while ADR methods promote cooperation and collaboration. This can make the process of settling cases simpler and more amicable.