Mediation vs Arbitration
May 19, 2019
Mediation and Arbitration are both ways to settle conflict without having to battle in the court system (also called litigation). Lesa Koski discusses Mediation vs. Arbitration with clients. Both processes allow you to avoid litigation, meaning you can settle your case more quickly and with less of a financial investment. However, there are significant differences between the two – and you should understand these differences as you decide how to move your case forward successfully. Both arbitration and mediation are considered alternative dispute resolution techniques (ADR).
What Is Arbitration?
Arbitration is actually similar to a court process in that both parties offer testimony and provide evidence (similar to a trial) but is generally a bit less formal than litigation. The arbitrator of your case hears the testimony and evidence and makes a decision. This decision can even be binding in some cases, so it is important to understand that before you begin the process.
What Is Mediation?
Mediation is a more flexible process than arbitration in that you and the opposing party drive the decision and there are no parameters around that decision. You can come up with a creative solution that is unique and that is tailored to your specific set of circumstances. Your mediator is not a decider but instead serves as a neutral third party and empowers you to make a decision that works best for your case. Mediation is built on the concept of compromise and finding common ground, rather than fighting for only your side. Your mediator is not a decider in your case. In the case of mediation, you cannot reach resolution unless both parties agree. Mediation is less expensive than arbitration and generally less formal.
Lesa Koski is a trained and experienced mediator who works to help her clients settle conflict. She specializes in family and civil mediation and uses her strong communication skills and ability to connect with people to help individuals find resolution that will last. Lesa can help couples going through a divorce decide how to divide their joint property, how to develop a parenting plan and decide whether child and/or spousal support is necessary. Lesa works to build your trust and offers a compassionate, sensitive ear, so you feel comfortable opening up with her. Lesa uses meditation to help you move forward in your life, rather than focusing on the pain of your past.
Benefits of Mediation
Minnesota encourages all parties to pursue an alternative dispute resolution process before proceeding through the court system. Mediation generally gives you the best possible chance of finding resolution. If you would like more information about the mediation process, call Lesa Koski at 651-214-5057.
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