Alternate Dispute Resolution is the process of resolving disputes without the courts.
Arbitration is an agreement between two or more parties to try to resolve a dispute outside of the court system. The parties agree upon a third party as an arbitrator who will act as a judge and jury. In arbitration, the arbiter hears the evidence and decides the case.
Binding Arbitration vs. Non-Binding Arbitration A “binding” arbitration generally means that the winning party can take an arbitration award to a court of law and enforce it if the losing party does not comply with the terms of the decision. “Non-binding” arbitration refers to a situation where the parties agree to use arbitration as a forum to try to resolve their differences, but neither party is bound to comply with any decision by the arbitrator.
Mediation is a conflict resolution process used to help people resolve legal problems on their own without having to go to court or participate in an adversarial process. In mediation, the mediator is neutral, not taking either side, but guides the mediation process. The mediator will help organize and understand the facts of the case and focus on the main issues. In mediation, the parties control their destiny and decide on a reasonable solution. The mediator does not decide.
Udall Law Firm lawyers that practice Alternate Dispute Resolution:
