Mediation

1. Generally, the Mediator (s) are selected by the Parties rather than assigned as mentioned previously.
2. The Mediator (s) acts as a Facilitator; that is, he/she (s) guides the Parties in the process. The ultimate decision-makers are the Parties. The Parties decide themselves the appropriate outcome.
3. All Parties maintain the right to participate fully whether or not they are represented.
4. Rules of evidence are more relaxed than in a court of law.
5. The hearing facility may be agreed upon by the Parties.
6. The right of appeal remains present albeit restrictive since the Parties themselves determined the settlement.

Arbitration

1. In many arbitration proceedings, the Parties to a Claim select the Arbitrator (s). In a court of law, a judge is assigned to a case.
2. The Arbitrator (s) is the ultimate decision-maker. In some circumstances, one Arbitrator might hear a matter; normally, three (3) Arbitrators are assigned.
3. All Parties to an arbitration have the right to participate whether or not represented by Counsel. If you are part of the problem, you should be part of the solution!
4. Rules of evidence are more relaxed than in a court of law.
5. The hearing facility may be at an attorney's office, a hotel room, a municipal building such as a public library or any other place agreed upon by the Parties.
6. The Arbitrator (s) decision is appealable but for more restricted reasons than those of a court of law.

Litigation

1. A judge or jury is the ultimate decision-maker.
2. The Complainant (s) [plaintiff] or Respondent (s) [defendant] can only be heard when on the witness stand. Furthermore, they are not entitled to ask questions.
3. The siting is a court of law: a place usually unfamiliar, causes anxiety and often intimidating to attorneys and clients alike.
4. Strict rules of law, procedure and evidence are followed.
5. The court decision, especially a non-jury civil trial, may take several weeks or longer.
6. The court decision is appealable only for specific legal issues.

 

Samuel H. Chorches, Esq.
P.O. Box 658 - 3 Maple Street- Chester, CT 06412
Tel: (860)526-1942  /  Fax: (860)526-8170
Email: shc@drivingforceadr.com