Mediation Review – Part I
A Comparison of the Hallmarks of Litigation, Arbitration and Mediation
In a civilized society, if parties cannot work things out between themselves (i.e., private negotiation), then they will need to have a third party intervener step in and either facilitate a negotiation (mediation) or hear and decide the matters in dispute (litigation or arbitration).
This is not an “either-or” proposition. Parties involved in a civil dispute frequently resort to some combination of dispute resolution processes. Before making those choices, parties might want to review the dispute resolution continuum (attached below), as well as the “hallmark” characteristics associated with each of their dispute resolution options.
Please click on the link below for a comparison of the hallmarks of litigation, arbitration and mediation.