Mediation v. The Alternatives

What’s wrong with direct negotiations?

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Brooklyn Bridge, New York

Conflict is an ordinary and necessary part of life. People have differences and disagree about things all the time. When individuals clash with one another or businesses have a dispute, the starting point should always be to try to work things out among themselves, through direct and respectful communication. I always encourage people to attempt to resolve things on their own, as long as it is safe to do so. However, it’s likely ...

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Should I mediate or go to court?

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Footbridge Over Mountain River, Location Unknown

Most people are familiar with how litigation works: A conflict develops, the injured party hires a lawyer to file a lawsuit, the other party hires a lawyer to defend the lawsuit and possibly file a counterclaim, then there is a pre-trial discovery stage, followed by more filings, motions, and ultimately a trial, after which there is sometimes an appeal or multiple appeals. Litigation is expensive, time-consuming, stressful and unpredictable; it disrupts ...

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Is mediation a better choice than arbitration?

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Great Belt Bridge, Denmark

Mediation and arbitration are often mentioned in the same sentence because both are alternatives to litigation, but in fact they are very different. When considering whether mediation is a better choice than arbitration, it is helpful to consider these six topics: (1) Time, (2) Money, (3) History Lessons, (4) Who Decides the Outcome, (5) What Decides the Outcome and (6) Amicability.

Time.
Resolving a dispute through arbitration ...

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