Arbitration and mediation are the two most critical aspects of Massachusetts law, where thousands of family cases are resolved each day. The latter option is considered to initiate a conversation and resolve family disputes within a private premise. However, when the situation turns awry, arbitration stands as a secondary solution.
The major concern is, “Do we need to hire an arbitrator or mediation lawyer in Massachusetts for a better solution?” Who can help well?” To answer this question in a more elaborate way, we have created this insightful article to enlighten you with the major difference between both legal services. You will learn what kinds of cases to submit in arbitration organizations and what kinds of cases fall into mediation practice areas.
Keep reading for in-depth learning.
Shall we Look For Arbitrator or Mediation Lawyer, Massachusetts? Discover the Difference
Some contracts require “mediation” before “litigation” or “arbitration” in case of severe disputes between both parties. With the help of mediator, the parties try to settle their issue through legal mediation services.
Contrary to mediation, litigation and arbitration are types of binding dispute resolution where a judge or an arbitrator hears testimony and declares the final statement in light of provided evidences.
Arbitration and mediation are briefly described below.
What is Mediation?
The professional mediation service helps resolving legal family disputes without going to court. Each side explains their position and offers their version of events.
The mediator will then assist both parties in reaching a mutually acceptable resolution to their issues, either by providing information on how a court would likely rule on their disagreement, or by assisting them in reaching a workable compromise.
By its very nature, mediation is non-binding. It gives the parties a less formal option to settle a legal issue with the help of mediator. This option not only saves a client and costs generally associated with trials, but also enable both parties to come up with novel solutions that might not be possible through conventional litigation.
We at Mediation Lawyer Massachusetts are experts in professional mediation services, as we have handled numerous mediation cases by helping clients solve their family disputes. Our experienced lawyers will help you make an informed decision about whether mediation is an appropriate fit for your particular case, or you should think about using an arbitration service.
What is Arbitration?
While mediation and litigation are more informal than arbitration, the arbitrator serves as equivalent of a judge in arbitration. The arbitrator hears arguments from both parties before rendering a binding judgment that is typically not subject to review on any further appeal. Arbitration resembles a less formal and less expensive version of litigation in this regard.
Arbitrators can be designers or builders, although they are often lawyers whose practice is concentrated on the area of construction law. The discovery procedure is seen as being more simplified in the arbitration process.
However, because arbitrators have some leeway in deciding what discovery to award the parties that procedure truly depends on how complicated the issue is.
Arbitrator vs. Mediator
The main difference between an arbitrator and a mediator is, an arbitrator considers the facts and evidences before making a decision. While the mediator aids the parties in defining and comprehending the problems and interests of each side,
Parties that are testifying in arbitration cases do so under oath. In mediation, parties express their emotions, share stories, and work on original solutions to problems.
On the other hand, in litigation, a judge or a jury, as opposed to an arbitrator, determines the case. Compared to arbitration, the litigation process follows more established rules. Both arbitration and mediation frequently result in monetary awards to one party, and unlike mediation, there is less room for innovative solutions.
What Do Arbitration Attorneys Do?
Arbitration lawyers assist their clients in using arbitration to resolve commercial disputes. They help you with case preparation, and decide whether arbitration is the best option for resolving your conflict.
An arbitration attorney can assist you in a number of ways apart from guiding you through the arbitration process.
- offer monetary services
- Conduct cross-examinations and cross-presentations
- Guide clients through the arbitration procedure.
- Obtain Competent Expert Reports and Witness Statements
- Use Mandatory Binding Arbitration Proceedings and Enforcement of Arbitration Clauses and Arbitral Awards
What Cases Are Suitable for Arbitration and Mediation?
Legal issues, which frequently occur in the corporate world, can be effectively resolved through mediation and arbitration. Both sides are primarily concerned with their bottom line in these confrontations, which are more professional than personal.
A legal problem can be best resolved through mediation or arbitration when no one wants to incur the expense of going to court. The following are some examples of legal matters that are frequently settled by mediation or arbitration:
- Breach of contract
- Business and contract disputes
- Employment litigation issues
- Construction issues, like a builder’s breach of contract,
- In commercial and residential landlord-tenant matters,
- Real estate issues, including commercial lease disputes,
- Commercial evictions, including evictions for failing to pay rent,
- Business litigation, especially those involving small businesses or businesses that are in the process of closing,
At Mediation Lawyer Massachusetts, we are committed to provide personalized and custom-tailored legal mediation services. Every step of the way, our skilled divorce attorneys in Massachusetts will fight to help you end your marriage’s problems via both arbitration and mediation to help you move on towards a better future.
Please do not hesitate to contact us if you require professional mediation services so that you can see the benefits for yourself.