Mediation and Arbitration_ What You Need To Know

This video is made in A Levels Academy Islamabad

Transcript

00:00It's all about the trial, right?

00:03After all, it's what Hollywood and television want you to believe.

00:07Trials are dramatic.

00:08One determined side against the other, in full courtroom combat… or something.

00:13Let's face it, you don't see a lot of movies centered on out-of-court settlements.

00:18But the truth is, many court cases, especially civil cases, are handled in just that way.

00:24With both parties coming to an agreement and settling on a sum that resolves the dispute

00:28and stops the litigation, therefore avoiding a potentially drawn-out and costly trial process.

00:34Which, even though it makes the good wife look cool, can take a toll on regular Joes

00:39and Janes.

00:40Also, trials are a gamble and the result is unpredictable no matter how good your case

00:45is.

00:46When you settle, however, it puts you in control of the result.

00:50And mediation also allows you to tell your side of the story without the procedural red

00:54tape of court.

00:55Now, an important part of the mediation process is, naturally, the mediator.

01:01The mediator is like a cross between Gandalf and a boxing referee, without the wizard powers

01:06or, um, a black bow tie.

01:09Okay, let's start over.

01:12A mediator assists the opposite parties in negotiating the resolution outside of court.

01:18And a mediator differs from an arbitrator.

01:21An arbitrator acts as more of a judge in the matter, without the ominous black robe of

01:25course.

01:26Unless, you know, that's just their personal style.

01:29Whereas a mediator works to find points of agreement within a conflict.

01:33Often they will meet separately with each party and discuss the weaknesses of that party's

01:37case in order to make them think about a compromise.

01:40Although expected to maintain neutrality and fairness in each and every case, a mediator's

01:45approach can vary with each situation.

01:48Sometimes they might have to be forceful.

01:51Sometimes they might have to remain calm.

01:53Mediation and arbitration are both types of alternative dispute resolution.

01:58These are ways that you can use to resolve a dispute outside of the court system.

02:02It can be used to resolve disputes in matters like breach of contract, medical malpractice,

02:07workers' compensation, wrongful termination, and others.

02:11Legal You can help you opt out of the traditional courtroom process and opt in to mediation

02:15or arbitration.

02:17Legal You can also help you prepare yourself for the mediation or arbitration process and

02:21improve your chances of settling out of court.