Mediate, Arbitrate, Litigate: Options For Resolving Your Dispute
When deciding how to handle your legal issues, you do not have to head straight to the courtroom to resolve them. The offices of Parker and LaDuke in Knoxville have years of experience handling cases through traditional litigation, as well as through avenues of alternative dispute resolution (ADR), that include mediation and arbitration.
Mediation: Figuring Things Out Together
Mediation is a type of alternative dispute resolution option that allows participants to reach their own decisions with the help of a neutral mediator. The third-party mediator facilitates communication and discussion, but does not make a decision for the ex-spouses. In many cases, it is more cost-effective and timely to engage in mediation to resolve a legal issue than to seek a resolution through litigation.
In most Tennessee divorce courts and in all Tennessee divorces involving children, mediation is required before the judge will allow a trial.
Arbitration: Letting A Neutral Party Decide
In arbitration, both sides present their case to a neutral arbitrator (or panel of arbitrators). The arbitrator listens, much like a judge, and then renders a decision regarding the outcome of the case. Instead of agreeing upon a decision, as in mediation, the parties in an arbitration must take the decision of the arbitrator as the final word, regardless of their agreement or disagreement with the situation. The outcome is legally binding and final, without the possibility of appeal.
Litigation: Having Your Day In Court
Litigation is the process through which a decision on a case is made in court by a judge and/or jury. Both sides in the matter present their cases, along with supporting evidence. This can be an often expensive and time-consuming process, as there are many things that have to be completed for trial, such as discovery and depositions. Also, the case continues according to the court’s schedule and can be drawn out in some cases.
Discover Your Dispute Resolution Options Today
Our attorneys are skilled litigators who can also guide you through other methods for resolving a legal conflict. We offer free consultations for personal injury matters and a $50 consultation fee for other matters.
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