Litigation? Mediation? Arbitration? What’s the Difference?

The experienced attorneys at Silverman, McDonald & Friedman have been representing personal injury victims in and around Wilmington, Newark and Seaford for more than two decades. Contact our office today to learn more.

If you’re in an accident and suffer serious injury, you may hear terms like “mediation,” “arbitration,” or “litigation” as methods of resolving any resulting legal dispute. However, these terms aren’t interchangeable, and each can result in a different outcome for your case. Following is a brief description of each dispute resolution method.

Litigation

The most common form of dispute resolution, litigation brings parties together in court to resolve the case through a trial. There may be a jury trial, where a jury of their peers decides the case. Or, there may be a bench trial, where a judge decides the case. In litigation, all parties follow strict state or federal rules of procedure. Additionally, with litigation, judgments rendered can be appealed in a higher court – District Court to Circuit Court to the Supreme Court, in some cases.

Mediation

Mediation is an alternative form of dispute resolution where the parties try to settle outside of court. The parties bring their dispute to a third party, who is neutral and typically an attorney or retired judge – either way, an experienced expert. The mediator listens to and examines each side of the argument, and researches and analyzes all aspects of the case.

The next part of the mediator’s job is to meet with each side individually and address the strengths and weaknesses of their side of the case, in order to broker a settlement between parties. Mediations are non-binding, and neither party is required to settle the case. Additionally, anything stated during mediations are typically confidential and cannot be used as evidence in court, should the case move from mediation to litigation.

Arbitration

The third method of dispute resolution is arbitration. Similar to litigation, arbitration resolves disputes through a hearing, which is much like a court trial. During the arbitration hearing, the parties present their evidence and witnesses to a neutral arbitrator. This arbitrator acts in much the same way a judge does during a trial, and issues a decision as to which party succeeds in proving their case.

Unlike litigation, however, arbitration can be either binding or non-binding – depending on the agreement of the parties. With binding arbitration, parties waive their right to a court trial and accept the arbitrator’s decision as the final (and binding) decision on the case. There’s generally no right to appeal. However, with non-binding arbitration, the parties retain the right to appeal the arbitrator’s decision, or request a court trial and formally litigate their case.

The personal injury attorneys at Silverman, McDonald & Friedman serves clients in the Wilmington, Seaford, and Newark areas. If you were injured due to the negligent actions of another and are unsure of your next steps, call our team at 302-888-2900 or fill out our contact form today.