Arbitration & Mediation

While many disputes are destined to be resolved through litigation in court, many times there is a quicker and less expensive way.  Arbitration and Mediation are two types of alternative dispute resolution (ADR), where the disputing parties hire a neutral third-party to assist them in resolving their issue(s).  Compared to the public court system, ADR is often a quicker, less expensive, and more private way to solve a conflict.  In Georgia, a wide range of disputes may be handled through the ADR process, including divorce.  

During mediation, people with adversarial views talk together in the presence of a neutral mediator who facilitates discussion. All parties work to reach an agreement and find solutions that everyone can support.  By working through mediation, the parties may be able avoid court altogether, or narrow the number of issues that a court must decide.  

Arbitration is another form of ADR managed by a neutral third-party called an arbitrator.  An arbitrator is essentially a private judge.  Instead of litigating in court, which is often expensive and open to the public, the disputing parties relinquish their power to the arbitrator, who hears evidence and provides a final and binding ruling. This differs from the outcomes of mediation, negotiation and conciliation, which are non-binding.  

The disputing parties can even choose a mediation-arbitration hybrid where the parties first try to work through their issues with mediation.  If the mediation phase does not work, the hearing will then switch over to arbitration, whereupon the arbitrator will make a ruling.  This hybrid model can often save additional time and money since the same neutral party serves first as mediator and then as arbitrator if needed.  

Jeremy D. Cohen is a registered neutral for arbitration in the state of Georgia.  If you would like further information about the ADR process, please let us know.