| Mediation and Arbitration are also referred to as | | | | resolution in a similar capacity to a judge. Arbitration |
| Alternative Dispute Resolution. Mediation and | | | | can either be binding or non-binding. Binding Arbitration |
| Arbitration can be used to assist parties reach a | | | | has the same result as a legal judgment, while |
| resolution without having to spend the time and money | | | | non-binding Arbitration is used merely as an advisory |
| involved with going to court. | | | | opinion. |
| "There are many businesses and individuals that come | | | | - Mediation - Mediation is another alternative to |
| to me to act as an arbitrator or mediator for a few | | | | traditional litigation in the courtroom, and it is less formal |
| different reasons," says Philip R. Brown, a litigation | | | | than an arbitration proceeding. During Mediation, parties |
| attorney in Honolulu, Hawaii. "Not only am I an | | | | are able to discuss possible solutions without the |
| experienced litigation attorney, but rising court costs | | | | confines of the litigation. With Mediation, a litigation |
| and the time a lawsuit takes both make Arbitration and | | | | attorney is appointed as the mediator and facilitates |
| Mediation very attractive to people who are looking for | | | | discussion of the problem between the two parties. |
| a way to reach a resolution." | | | | After the Mediation process of discussing the issue, |
| While both Arbitration and Mediation resolve issues | | | | negotiations are made to reach a resolution, and the |
| between two or more parties outside the court, they | | | | mediator offers their opinion about the best course of |
| are different in how the resolution is reached: | | | | action. Unlike Arbitration, Mediation is not legally binding. |
| - Arbitration - During Arbitration, an experienced | | | | If you are looking for a way to resolve a conflict with |
| litigation attorney is appointed as the arbitrator. Then, | | | | another person or business, but would like to avoid the |
| both sides present their issues and arguments, and the | | | | hassles of a drawn out legal process in the courtroom, |
| neutral arbitrator makes a decision. The litigation | | | | you may want to consider Arbitration or Mediation |
| attorney acting as the arbitrator decides on the | | | | from an experienced litigation attorney in your area. |