Sometimes, going to court to settle a difference isn't an option. In many cases, people often decide to keep their dispute at a lower level and turn their cases and evidence over to a trained arbitrator to seek resolution. In order to have a better understanding of the services arbitrators offer, it's important to first understand the terminology associated with the profession. Below are several terms to be familiar with when researching and interviewing potential arbitrators.
Arbitrator - A neutral third-party individual, often a former judge or experienced lawyer, assigned to hear and decide an arbitration case.
Arbitration - In arbitration, the parties submit disputes, divorce, labor and family disputes, to an impartial person, the arbitrator, for a decision. Each party can present evidence to the arbitrator. Arbitrators do not have to follow the Rules of Evidence used in court.
Mediation - In mediation, an impartial person, the mediator, helps the parties try to settle their dispute by reaching an agreement together. A mediator's role is to help the parties come to an agreement. A mediator does not arbitrate or decide the outcome.
Conciliation - Conciliation is a method of helping the parties in a dispute to reach agreement, especially with respect to couples desiring to divorce or separate.
Binding Arbitration - An alternative dispute resolution in which two or more parties submit a dispute to an independent arbitrator and agree in advance to comply with the arbitrator’s decision.
Service - Service is the delivery of the claim or other pleadings in order to give legal notice to the parties named in a court or arbitration proceeding.
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An arbitrator helps settle legal conflicts between two or more private or corporate parties. There's no need for lawyers.
Disputes may include business matters, including commercial contracts. Employees get resolution to commercial employment contracts and workplace labor relations. In family matters, a mediator gives advice regarding divorce settlements and some family custody agreements. Mediation can help solve disagreements over a construction project. Debt settlement companies mediate matters between you and your creditor to reach a resolution. In terms of injury requiring medical care, mediators help negotiate with insurance companies.
The goal of a mediator is to prevent a matter from requiring a court hearing. The consultant listens to the parties and offers advice. They know the judicial system and follow legal statutes, if applicable. Attorneys and litigation take time and cost a lot of money. Consultants help you avoid lawyers.
Mediators are always impartial, but they often follow rules and regulations. There is no connection between the licensed arbitrator or any of the parties involved. Matters handled by mediation are private. Unlike law documents, the public cannot view records regarding arbitration. Once a matter is resolved through mediation, it's binding.
Not every situation can be arbitrated. If mandatory judgments regarding a matter have been handed down by a court of law, you must abide by the court's rules. This is why custody matters are not always arbitrated. For any matter to be arbitrated, all parties must agree. If anyone prefers to go to court, mediation is not a possibility. If the unbiased representative struggles to find a resolution, the court has the right to step in.
Arbitration is used to avoid the cost of a court hearing and litigation. It avoids attorneys and usually leads to all parties being satisfied. Call a certified mediator before you head to court.