Utah Mediation vs. Utah Arbitration
Mediation and Arbitration both involve a neutral third party to reach a settlement in a legal dispute. Unlike litigation, these options provide a quick, less expensive, private alternative to an official court hearing. The biggest difference between mediation and arbitration lies in the way the settlement is reached. Mediation requires both parties to meet with each other in order to reach a decision together while arbitration requires an arbitrator to review the case and reach an impartial decision.
Mediation is often ordered by a judge after the two parties have begun a lawsuit. This occurs frequently with divorce and domestic cases. Mediation is instrumental in helping the two parties reach a decision together and discuss how the decision will be carried out. Reaching a decision in this manner is very helpful for families, friends and coworkers to repair relationships while settling the dispute. The disputing parties can usually settle a dispute within a matter of hours or days depending on the complexity of the case.
The parties involved in a dispute usually pursue arbitration because it is part of a contractual agreement. Many landlords, employers and contractors include a clause in all contracts that specifies how the arbitrator must be chosen and whether or not the arbitration will be binding or nonbinding. The arbitrator will work with both parties while reviewing the case and will make the final decision. This decision can only be overturned if the arbitration is not binding and if one of the parties continues the case in formal litigation.
Mediation and arbitration will help save time, money and the reputations of both parties. For questions about mediation and arbitration please call the office of Thomas V Rasmussen (801)484-3000