Mediation, Arbitration or Trial?

This article, written by Andrea Murad and published on entrepreneur.comoffers a great Cliff’s-Notes-style explanation of various Alternative Dispute Resolution (ADR) options, including Mediation, Arbitration & Trial:

Mediation

structured and non-confrontational process that allows parties an opportunity to create an agreement that works for them and their family.

Arbitration

A proceeding in which a dispute is resolved by an impartial adjudicator whose decision the parties to the dispute have agreed, or legislation has decreed, will be final and binding.

Trial

A formal meeting in a court in which evidence about crimes, disagreements, etc., is presented to a judge and often a jury so that decisions can be made according to the law.

In South Carolina, all Family Law disputes must be mediated and arbitration is optional with the consent of all parties. Despite the compulsory nature of their participation, Family Court litigants often find inherent value in the process. 

They are able to retain control over the outcome, preserve greater anonymity, reduce costs, and most often lessen the unavoidable hostility that litigation provokes. Arbitration is less common but is another valuable tool to resolve Family Law disputes.

As the article states,

You need not choose just one method, though. You can mediate a portion of a dispute, then arbitrate the rest, or let the courts decide your path, or else use both arbitration and litigation, depending on state laws.

While mediation and arbitration allow you to resolve your case in the way you prefer, you will have to hire the mediator or arbitrators. 

As a Certified Family Court mediator, Ms. Adkins helps many Family Court litigants navigate their minefield of disputes, so they may avoid the often unnecessary emotion and financial cost of trial.  Contact Dana Adkins, Attorney at Law, LLC with any questions that may pertain to your unique case.

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