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What Does Alternative Dispute Resolution, Mediation, and Arbitration Mean | Arizona

Neal Bookspan | 1175 Views | 01/21/2015

My name is Neal Bookspan. I’m a partner at Jaburg and Wilk. I help my clients manage their legal risks in the area of litigation, transactional work, and creditor’s rights.

What is an Alternative Dispute Resolution?

Here in Arizona, our superior state court has an alternative dispute resolution department. And what that is, it’s about trying to get cases resolved in some manner.   When it comes to state court it involves settlement conferences but it also can mean mediation, arbitration, and then there’s a whole bunch of different variances of these type of situations. And what it is, is it’s a method for parties to try to take control of their disputes and get them resolved in a manner that is hopefully more efficient, less expensive, and lets them move on in their business.

What are mediation and arbitration?

A lot of people get mediation and arbitration confused. Mediation is where you use a neutral third party to help resolve or settle a dispute. It would also be referred to as shuttle diplomacy. Usually parties are put into separate conference rooms and the mediator shuttles between these room trying to help people resolve their disputes.   Arbitration is where you use a third party to serve as a judge. These people usually are retired judges or a very experienced practicing attorney. And what they do is they actually serve as the judge. It is a much more informal proceeding. It is usually held in a conference room and – while it has all the seriousness of a real trial in front of a judge, and the same results – it usually can be done in a manner that will make it happen faster than you can get to trial in court, hopefully, less expensively. And they’re also other possibilities including making it a binding arbitration so that no one can appeal and there’s finality. Which even when parties aren’t happy with the decision, it at least allows them to move on and move forward from the dispute.

By: Neal Bookspan

What Does Alternative Dispute Resolution, Mediation, and Arbitration Mean | Arizona

My name is Neal Bookspan. I’m a partner at Jaburg and Wilk. I help my clients manage their legal risks in the area of litigation, transactional work, and creditor’s rights.

What is an Alternative Dispute Resolution?

Here in Arizona, our superior state court has an alternative dispute resolution department. And what that is, it’s about trying to get cases resolved in some manner.   When it comes to state court it involves settlement conferences but it also can mean mediation, arbitration, and then there’s a whole bunch of different variances of these type of situations. And what it is, is it’s a method for parties to try to take control of their disputes and get them resolved in a manner that is hopefully more efficient, less expensive, and lets them move on in their business.

What are mediation and arbitration?

A lot of people get mediation and arbitration confused. Mediation is where you use a neutral third party to help resolve or settle a dispute. It would also be referred to as shuttle diplomacy. Usually parties are put into separate conference rooms and the mediator shuttles between these room trying to help people resolve their disputes.   Arbitration is where you use a third party to serve as a judge. These people usually are retired judges or a very experienced practicing attorney. And what they do is they actually serve as the judge. It is a much more informal proceeding. It is usually held in a conference room and – while it has all the seriousness of a real trial in front of a judge, and the same results – it usually can be done in a manner that will make it happen faster than you can get to trial in court, hopefully, less expensively. And they’re also other possibilities including making it a binding arbitration so that no one can appeal and there’s finality. Which even when parties aren’t happy with the decision, it at least allows them to move on and move forward from the dispute.

By: Neal Bookspan