Mediation and arbitration lawyers in Northern Virginia can help you resolve conflicts or legal issues outside of the courtroom. While both can be used to help parties reach a resolution, they are different. Here’s how they are different and where to find an attorney to help you.
Conflict Resolution Techniques
Both mediation and arbitration can be used during custody disputes, divorce, landlord-tenant disagreements, and other interpersonal conflicts. These techniques help parties reach an agreement while avoiding a lengthy legal battle.
The main difference between the two is who makes the final decision. With mediation, the final decision is reached between the two conflicting parties. On the other hand, arbitration calls on an arbitrator to analyze the case details and reach a verdict.
Mediation
Mediation involves a neutral third party, known as the mediator, who helps the other parties resolve their issues. Mediators work to help the parties communicate rather than hearing each side and coming to a conclusion themselves.
Mediation is appealing for several reasons. Benefits include:
- Solves the conflict
- Parties have the freedom to make a decision on their own
- Costs less than litigation
- Doesn’t bind participants to a specific outcome
- Less cumbersome than court
Arbitration
Arbitration settles conflicts with a neutral third party, also known as an arbitrator. However, arbitration gives the arbitrator the authority to make a final decision about the issue. Depending on the stipulations of the arbitration contract, the decision can be binding or non-binding.
Arbitration is structured more like a court. Each party makes an opening statement and presents their side. Then the arbitrator considers both sides and comes to a conclusion.
There is usually less back and forth between parties with arbitration, meaning the process moves faster. Additional benefits include:
- Assistance from a trained, impartial party
- Less complicated procedure
- Reaches a definitive outcome
- Costs less
- Is less involved than litigation
Med-Arb
There are some cases where both mediation and arbitration are necessary. This process involves the two parties first attempting to resolve the issues on their own with a mediator. If they can’t come to an agreement, the mediator transitions into an arbitrator role and decides an outcome.
Mediation and Arbitration Lawyer Northern Virginia
If you are in need of dispute resolution services, mediation or arbitration might be right for you. Cook, Craig, and Francuzenko provides these services. Our attorneys are highly skilled and trained. If you are seeking a timely, cost-effective resolution in both parties’ interest, we can help. Contact us today to schedule a consultation.