Mediation – a mediator assists the parties to negotiate a settlement. Mediators have no authority to impose a settlement. Mediation allows the parties to be creative in their settlement. Mediation works well when the parties have a relationship to preserve – e.g. they expect to work together again in the future. Mediation is a confidential process that is faster and less expensive than litigation.

Arbitration – an arbitrator hears evidence from the parties and makes a binding decision. Arbitration awards can be filed in court and enforced like a court order. Arbitrations can usually be arranged sooner than a date in court. Arbitrations may be less expensive than going to court though that will depend on the volume of evidence and the parties’ conduct. Arbitrations work well when the parties need a decision sooner rather than later and the chance of a voluntary settlement is small.

For more information on either process see www.bcami.com