Mediation is usually the least complicated legal alternative available to all parties involved in a personal injury dispute. But it is still wise to hire and be working with a Louisville personal injury attorney during this process since the outcome of this mediation could have vital repercussions for years to come. It is a typical hands-on procedure of negotiation with specific tasks and goals. It is structured in a way to find mutually acceptable solutions within the shortest possible period of time. The process is facilitated by a mediator who oversees the discussions, information exchange, and the process of bargaining between the disputing parties. The mediator encourages the parties to explore areas of commonality and enables more realistic and rational expectations to prevail upon all the parties. For more information contact:
Law Offices of Andrew Alitowski
332 W. Broadway Suite 613
Louisville, KY 40202
The process of mediation is generally considered a voluntary negotiation, but sometimes a court order or legislation may also enforce the process on the disputing parties. The entire procedure is usually under the control of the involved parties as well as the mediator. They can mutually decide the terms and conditions of the process, the time and place, how many people will be a part of the process, and the cost sharing. Once a mutually acceptable solution to the dispute is arrived at, a written or even an oral agreement can be prepared. Such agreements are usually treated as a legal contract under the law. If the process has been instigated by the court, the agreement may become the court’s judgment.
The Process of Arbitration
Arbitration is a more formalized process compared to mediation. Unlike a mediator, an arbitrator gets the power to make a decision on the dispute which is binding to all parties involved. Instead of negotiating a solution with each other, the involved parties present their respective arguments before the arbitrator who makes the final decision on the matter. The advantages of the arbitration process over litigation primarily include substantial savings in terms of time and money for all the disputing parties. This procedure is usually more efficient and offers a fair amount of flexibility in comparison to the litigation process. However, it is advisable to consult an attorney before deciding the best course of action in case of a personal injury dispute.