Mediation and Arbitration

Mediation and Arbitration are both forms of Alternate Dispute Resolution which is a technique for resolution of disputes outside of court.

Mediation is a process in which a trained neutral person, called a mediator, encourages and facilitates the resolution of a dispute between two or more parties. There are numerous advantages to settling a dispute through mediation. In mediation, the parties determine the issues that need to be decided and work together to reach a settlement. The settlement will be a compromise that is reached after the parties consider all the facts and positions on the various matters. Mediation differs from litigation as there is no judge or jury hearing the case and reaching a decision. In mediation the parties collaborate to get to a resolution which is something they can both live with even if it does not give them everything they want. It is a voluntary process which is generally faster and more economical than litigation. Sharon Burke successfully completed a forty –hour course in Divorce Mediation and an internship in the practice of Divorce Mediation in 2002 and 2003. Since that time she has mediated over 100 cases including all issues of divorce and family matters.

Arbitration is a process by which the parties to a dispute submit their differences to the judgment of an impartial person or group appointed by mutual consent, by contract or by statutory provision. This process takes place outside courts. The third party reviews the evidence in the case and imposes a decision that is legally binding on the parties and enforceable in court. Arbitration is often used in the resolution of commercial disputes. The attorneys of Lentz and Gengaro are experienced in representing clients in arbitration proceedings.

 

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