Arbitration - Mediation - Litigation |
Litigation
Litigation is expensive. It is a frustrating and rather inefficient way to resolve a dispute.
These are some of the reasons why Alternative Dispute Resolution (ADR) is becoming an
increasingly popular method of resolving lawsuits before they go to trial and even avoiding litigation
altogether.
ADR includes both
Arbitration and
Mediation. And while they are different procedures,
their ultimate goal is the same. Minimize the expense and delay associated with litigation!
Countless public and private organizations provide both mediation and arbitration services.
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Arbitration
Arbitration is a method of resolving a dispute in which the disputants present their case to an impartial third party. This third party then makes a -usualy binding- decision for them which resolves the conflict. Arbitration differs from Mediation in which a third party simply helps the disputants develop a solution on their own.
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Mediation
Mediation is a method of conflict resolution that is carried out by an intermediary who works with the disputing parties to help them improve their communication and their analysis of the conflict situation, so that the parties can themselves identify and choose and option for resolving the conflict that meets the interests or needs of all of the disputants. Mediation applies to different fields, with some common peculiar elements and some differences, for each of its specialties. The main fields of mediation include commerce, legal disputes and diplomacy, but forms of mediation appear in other fields as well.
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Mediation is evolving.
There are many new areas in which Mediation is being applied.
Also the techniques are being polished every day in order to improve it.
New variations of Mediation are created that adapt to the different kinds of disputes.
In this site you will find information about the development and latest
findings about Mediation and ADR.
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| This week's feature Article |
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Is Arbitration a Tradition? |
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One of the possible reasons why Arbitration is mostly chosen may be that parties tend to go with the traditional methods...
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| Quote of the Day |
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Too many freaks, not enough circuses.
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more... |
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