There are some many lawsuits out there that going to court is a lengthy process. Many try to solve these problems out of the courtroom through alternative dispute resolution. This process allows both sides to come to a conclusion without the use of a judge, court, or court. This can save time, money, and a great deal of stress for both parties.
This process is similar to a trail. Both sides are able to question witnesses, present their evidence, and argue their case. Instead of a judge or a jury a neutral arbitrator or decision maker. This process is used for many civil cases in an effort to stay out of court. Local rules may have a case sent to an arbitrator before going into the courtroom. If both sides agree with the decision of the arbitrator than the settlement can be binding and legal. The decision can also be non binding which will allow the losing party to file a case in civil court. The arbitrator is usually a lawyer with no ties to the case. They will listen to both sides and give their decision. Both parties can agree with this decision but legally they do not have to.
This process has a neutral facilitator going between each party with their settlement offers. The mediator is there to help them reach a decision that will work for both sides instead of going to court. Mediation takes place when both sides in a civil case meet in the same room. Each side is allowed to give a short presentation to the mediator. The mediator than takes with one party at a time and presents a settlement offer. The mediator will also give their advice on how the case should end and what they think is a fair outcome for all involved. If both of the parties agree to compromise they can avoid going to court.
This process is often used by a couple that is in the middle of a divorce. Each party will be present with their lawyer. In addition to a lawyer there will also be family counselors, financial advisers, and other expert to help the couple negotiate the terms of the divorce to stay out of court. This can be used to help with property division, child custody matters, and even alimony. Both parties will be given information on what is best for them and what given different outcomes that will be favorable for the interests of both parties involved.
Going through a trial can take years. There is no short term solution and the outcome may be some time off .These different settlement methods will help both parties stay out of the courtroom. They offer a quicker settlement alternative and both parties will get the chance to compromise for what they want. This will save time, lawyer fees, and will help bring a quick solution to a legal and pressing matter.