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Many business disputes can be settled without the necessity of filing a complaint, paying court costs and attorney fees, serving the opposing party, and meandering through discovery procedures, motions, depositions and waiting for a trial date.

In an eHow article, “How to Use Mediation to Resolve Conflicts,” Althea DeBrule examines alternatives to litigation. Here are two procedures to consider:

Mediation

• Mediation is a procedure whereby the parties meet with a neutral party—usually an attorney experienced in trial and business disputes—and attempt to find common ground.
• A mediator will usually ask each party, outside the hearing of the other, for their version of the dispute, their strong and weak points, and the evidence to support their contentions.
• After discussing the issues with both parties, the mediator will caucus with each side and try to hammer out a compromise or solution.

Arbitration

Arbitration is a hybrid of litigation in that the parties do not go to court, but usually must follow most, if not all, the rules of evidence. The parties still must conduct discovery, take depositions, and gather all necessary evidence to support their side.

The advantage of arbitration is that you do not have to wait for a court date and can usually schedule a hearing at the convenience of all sides. The parties can agree on one or more arbitrators to hear their case and there are no concerns about jurors.

Arbitrations can be binding or non-binding, and it can be conducted more informally if both sides agree.

Information and data contained in this post gathered in association with an Airplane accident attorney at Martinez & Odom Law Group

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