How is Mediation different from Arbitration or Litigation? – Arizona

Mediation is very different from the adversarial process of arbitration and litigation.

What is Litigation?

Litigation is probably the best known form of getting a dispute resolved and probably one of the most expensive as well.  Litigation can have considerable drawbacks which include the expense, time and uncertainty over the outcome.  Mediation typically is faster, less expensive gation, arizona mediator, arizona mediation, phoenix mediation, phoenix mediator, mediator phoenix, mediation phoenixand involves both parties reaching an agreement versus being handed an agreement from the court.

What is Arbitration?

Arbitration is similar to litigation, although most would concur that it is a stripped down version of litigation.  In Arbitration there is a neutral third party that sits in judgement and can make decisions with some discretion.  It is similar to litigation in that a case can be won or lost depending on how well an individual performs under oath or while presenting their case to an arbitrator.  The similarity to litigation is that there is still uncertainty as to how the case will end up.  The arbitrator can render their decision that may not be agreeable to either party.

What is Mediation?

The goal of mediation is to assist parties in reaching their own resolution.  The mediator does not judge guilt or innocence or render a decision. In the mediation process, a neutral third party uses skills and techniques to assist parties in reaching a voluntary and negotiated settlement to their dispute.  In the process, the parties will have the opportunity to clean up any misunderstandings, vent, identify issues and concerns and ultimately find an acceptable agreement to the problem. Only the parties in the mediation can decide on a resolution.  The resulting benefit is the parties feel more content with the resolution and avoid the emotional and financial toll that can be experienced during litigation.

If you have a dispute to settle in Arizona you may wish to have a conversation with a mediator first to see if this would be an option to resolve your dispute.

Simmons & Gottfried, PLLC
a Professional Limited Liability Company
8160 E. Butherus Dr., Suite #7
Scottsdale, AZ 85260

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