When to Mediate? When to Arbitrate?

What are the advantages and drawbacks?

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Mediation involves using a neutral third party who may or may not be a legal professional to act as a guide. The mediator is a trained professional though who hears both sides privately but the goal is for both parties to work toward a beneficial resolution during face to face meetings.

Arbitration is more formal than mediation. An arbitrator is an active or retired judge who listens to both parties explains the position. Attorneys can also question witnesses from both parties. There is no negotiation between sides. And the arbitrator renders a legally binding decision which both parties must honor.

Both mediation and arbitration have their advantages and disadvantages.

The chapter on mediation provides the numerous letters and memos involved included but not limited to proposing arbitrators, the arbitration package, notice of appeal, and much more.

About Joel Feldman

Attorney Joel Feldman is coauthor of The Library of Pennsylvania Personal Injury Forms. Mr. Feldman is the managing partner of Anapol Schwartz and a trial lawyer who has successfully represented personal injury clients for almost 30 years.