If You Want To Have A Fight, Let’s Have A Fight – Arbitration, Mediation & Trials
Arbitration, mediation, no jury trial, jury trial? What do these provisions mean when you see them in your agreements? I am sure you have a form of one or more provisions in a contract that you have executed. So, what are the main differences and the pluses and minuses of each. Over the next few weeks, we will dive into each. However, for this week, I will provide a quick overview of these four main dispute resolution techniques.
- Arbitration – Arbitration refers to an alternative dispute method where the parties agree to have their dispute heard by a qualified arbitrator out of court.
- Mediation – Mediation is an alternative dispute method where the parties agree to have their dispute heard by a neutral third person. The process is less rigid than arbitration.
- No Jury Trial – This method, sometimes referred to as a bench trial, is where a dispute is heard and decided by a judge or other qualified judicial officer (e.g. a magistrate) without a jury.
- Jury Trial – This is where a dispute is heard and decided by a judge and jury.
Like everything in the legal realm, there are pluses and minuses to each of the processes mentioned above. If you want to have a fight, let’s have a fight….but you must know the rules.
Next week, we will start with mediation.
Here are a few other things that may be of interest:
- Q2 2023 Commentary from Stonebridge Financial
- C-Suite Cyber Attacks – How to Prevent Being a Victim – Stambaugh Ness
As always, please don’t hesitate to email myself (jsanders@mpl-law.com), Andy Miller (amiller@mpl-law.com), Christian Miller (cmiller@mpl-law.com), Erik Spurlin (espurlin@mpl-law.com), Brad Leber (bleber@mpl-law.com) or anyone in our office with questions or comments.
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