It is said that everyone will have their day in court, and if you have been a victim, it is your right to seek compensatory damages. However, very few people actually want to go all the way to a trial in front of a judge – they simply would like to see justice done and their bills covered.
When pursuing a legal claim, there are many possible options, and a lawsuit is generally a last resort. Many times a judge will order mediation or arbitration before hearing a case. Your legal team may suggest these two options as well, in order to avoid a court appearance. How exactly do mediation nd arbitration work, and what is expected of you?
Explanation of Mediation
When a mediation is ordered, a mediator will be appointed. A mediator’s job is to facilitate communication between the two parties, who are often too adversarial to civilly come to their own conclusion. A mediator will usually have discussions with both parties separately to hear their side of the story; as well as to understand their desired outcome. This process helps to reveal relevant information and to determine possible fair outcomes. While the mediator helps to settle the matter, their job is not to take sides, decide guilt or innocence, or make any final determination. Instead, mediation is an attempt to minimize the hostility between the two parties, allow them to “hear” the other side, and to maximize the possibility of the parties coming to an agreement. A mediator’s determination is generally not considered to be binding or final, but is simply a recommendation based on findings.
Explanation of Arbitration
Unlike mediation, the decision made during arbitration can be binding or non-binding. Arbitrations are generally conducted by retired judges, respected attorneys or established subject matter experts. The decision made by the arbitrator is typically final and enforceable by law. In other words, the losing party cannot appeal the decision. During the arbitration process, the facilitator will listen to both sides and consider all of the evidence provided. Arbitrators will then present an “Award”, or written decision. Arbitration is a preferable option for those who do not wish to endure a long and public court process, yet the case has a level of complexity which requires more than mediation.
Difference Between Mediation & Arbitration
Both mediation and arbitration are held outside of the court room, but there are differences.
The main difference between the two processes is that arbitration hands down a final decision, and mediation is a recommendation of a fair conclusion for both parties. While arbitration generally results in a “winner” and “loser”. mediation strives to come up with a compromise through negotiation.
If you would like to pursue a personal injury case but would prefer to avoid a lengthy trial, ask your personal injury attorney if mediation or arbitration is right for you. You should never make this decision without legal representation, especially as arbitration is a final decision. Approach both of these situations as you would any legal fight, and call an experienced attorney to help you.
The Sarasota and Tampa-based attorneys at Probinsky & Cole are experience4d in all areas of personal injury, medical malpractice, and product liability law, and we can help you maneuver through the legal process. Don’t risk losing out on damages which are rightfully yours – call us today to discuss your case.
