Trials are sometimes necessary for the resolution of a case, but there are alternatives. You can choose to negotiate directly with the opposing party to reach an out-of-court agreement. However, tensions between parties might make these direct negotiations difficult. Parties who do not think they should talk directly to the opposing party (but still wish to avoid a trial) may consider arbitration or mediation.
Arbitration is a quicker, lighter version of a trial. In arbitration, both parties pick a third person to decide their case. Usually, this third party, called an arbitrator, is an expert in the legal field at issue. Each party has a chance to tell their story, and the rules of evidence are much looser. The arbitrator then considers the case and makes a decision.
A mediator does not make a decision for the parties but helps the parties reach a decision on their own. Mediators are also experts in the field and use their expertise to have frank discussions with each party about their legal rights and liabilities. If the parties reach an agreement, the mediator will help them put the agreement in writing and get it approved by a judge.
Along with basic negotiation, mediation and arbitration are an area of law called “Alternative Dispute Resolution” (ADR). This section contains informational articles to educate you about ADR and a lawyer’s role in the ADR process.
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.
