Alternative dispute resolution is a viable option to litigation. Mandatory and voluntary arbitration are sometimes required by contract before a party has the right to seek relied in a court of law. Parties can agree to aribtration to resolve their disputes as well. These are alternatives to litigation in court, though thet are similar. Arbitration involves one or more arbitrators who act in lieu of judges and make decisions which are either binding (enforceble) or nonbinding (unenforceble), depending on the type of arbitration is involved.
How It Works
Mediation is another form of alternate dispute resolution mechanism that is completely different than litigation or arbitration. In mediation, the parties, themselves, work to resolve their own differences with the help of a third party called a mediator. The mediator facilitates the mediation, but the parties are the ones who resolve their own differences and settle their own issues, if mediation is successful. Mediation, therefore, requires the cooperation of both parties and a willingness to reach a joint resolution of the differences.
We at the Drendel & Jansons Group have attorneys who are trained mediators. If you want to explore the possibility of mediation to resolve the differences you have with another party, we would love to meet with you. Call us at (630) 406-5440 or Contact Us by email.
Mediation can be an effective tool for dispute resolution in many different contexts. Mediation is often tried in divorce cases, especially when children are involved, as a way to reach a resolution with the least emotional and adverse impact on the children and the relationship of the parents who must continue to cooperate after the divorce. Mediation also can work in any area of dispute if both parties are willing to put aside the emotions, be objective and work toward an efficient, cost efective and civil resolution of the issues at hand without a long, expensive court battle or the cost of arbitration.
For resources and more information on mediation, please read our Mediation FAQ's.