What Common Questions Does Our San Diego Arbitration Lawyer Answer?
Frequently Asked Questions About Arbitration
- How Does Arbitration Differ From Mediation?
- What Are the Benefits of Arbitration?
- What Are the Potential Drawbacks of Arbitration?
- How Is Mediation Different Than Arbitration?
1. How Does Arbitration Differ From Mediation?
In mediation, the neutral third party helps the parties involved in the dispute to work through their issues and reach an agreement. An arbitrator, on the other hand, listens to all of the involved parties gives their side of the case and then reaches his or her own legally binding decision.
2. What Are the Benefits of Arbitration?
As with mediation, arbitration takes far less time and costs far less money than traditional litigation, and the results of arbitration are often kept confidential. Furthermore, the decision of an arbitrator is often legally binding.
3. What Are the Potential Drawbacks of Arbitration?
In most cases arbitration is binding and you cannot appeal an arbitrated decision. In most cases, you do not have any recourse if the arbitrator makes a mistake of fact or law. You also do not have the same right to a discovery process the way you would in a traditional trial unless the arbitration agreement or arbitrator allows it. This could be helpful or harmful depending on your position.
4. How Is Mediation Different Than Arbitration?
Mediation and arbitration differ in that an Arbitrator has the authority to make a decision without the approval of both parties. An arbitrator is thus the judge of the evidence and facts and has the authority to make a decision over both parties without their consent. Consequently, since the stakes are higher in arbitration, it typically follows a more court-like process with formal rules, the calling of witnesses, presentation of evidence, formal arguments, etc.