Litigation is sometimes the only remaining option to a party with a civil dispute. Sometimes it is not even an option but is forced upon a person. Litigation occurs when one party files a lawsuit requiring the other party to defend the lawsuit. Anyone who has ever been involved in litigation knows that it is expensive, time consuming, emotionally draining and unpredictable. With litigation, until a judge or jury decides who is right and who is wrong, you are never certain of the outcome. Discovery and inevitable motions adds to those costs. Because of these factors, it is important to hire not only an experienced attorney that can present your case, but also an attorney that can do so cost effectively.

One method that is sometimes used to avoid the high costs of litigation is to explore alternative dispute resolution (“ADR”). This includes arbitration and mediation. These forms of ADR have been gaining popularity as methods to remedy some of the shortcomings of litigation. However, there is some confusion by the general public as to the difference between arbitration and mediation.

Arbitration and mediation are similar in that they are alternatives to litigation. Both employ a neutral third party. Both can be binding; however, it is customary to employ mediation as a non-binding procedure and arbitration as a binding procedure. Arbitrators generally act similar to a judge. They receive evidence, make decisions, and give written opinions, which can be binding or non-binding. Although arbitration is sometimes conducted with one arbitrator, another procedure is for each side to select an arbitrator and for those two arbitrators to select a third arbitrator. The dispute is then presented to the three arbitrators chosen, with a majority of the arbitrators rendering a written decision.

Mediation, on the other hand, is generally conducted before a single mediator who does not judge the case but helps facilitate a discussion and hopefully bring about a resolution of the dispute. Mediation has most recently been re-discovered across the country as a cost effective alternative to litigation. Mediation has been found to be effective in resolving many cases and greatly reduces the trial docket of our court system. Mediation enjoys such a great success rate partly because the parties are brought together in a neutral environment where they can freely and confidentially present their positions in front of a neutral third party who then attempts to limit the issues and put them in perspective.

Regardless of whether you are involved in litigation or some type of alternative dispute resolution proceedings, it is very important for you to select an experienced attorney that can properly guide you through the long process in a cost effective manner. If you have further questions about litigation, arbitration, or mediation, contact Daniel Geraldi at (925) 236-0045.