Mediation, Arbitration and Litigation: What’s the Difference?
It is a common misconception that all legal disputes are resolved in the court-room. In fact, only a fraction end up going to litigation; most are resolved through alternative dispute resolution, such as mediation or arbitration. It all depends on the complexity of the issue and the parties involved. So what is the difference between mediation, arbitration and litigation?
Getting People Help Sooner – Obtaining Relief In an Era of Judicial Delay
When faced with an injury, access to funds can mean the difference between being able to afford newly-required supports and struggling to do so. These funds can allow for life-improving measures such as attendant care, house-keeping services or home alterations. An essential role of our personal injury lawyers is obtaining these funds for our clients as efficiently as possible. Our priority is on ensuring our clients get the support that they need.
Mind the Gap – What Happens When Details Are Missing From a Settlement?
Arbitrations can be fairly informal proceedings. Efforts to settle arbitrations are often more informal still. All participants recognize that a settlement is usually better than completing the hearing, even if everyone leaves the table a little dissatisfied. But what happens when there is an agreement on all or just about almost all of the essential terms of a settlement? Everyone is happy, right? Not always. Sometimes there is no settlement at all.
What Does The Duty to Account Entail?
Any time that a person is handling or dealing with the assets of another person, that second person is a ‘beneficiary’. Therefore, the person handling or dealing with those assets has a fiduciary duty to act honestly and in good faith towards the beneficiary, and to account to that beneficiary with what has been done with those assets.
Navigating the Litigation Process
While a lawyer can provide guidance through the steps of the negotiation and litigation process, knowing how the process works prior to initiating it should help alleviate some of the stress. Here is a brief outline of steps in the litigation process in the order in which they [generally!] occur.
To Arbitrate or Litigate, that is the Question
Many potential commercial litigants have been looking for a more efficient system through which to resolve disputes. For better or worse, arbitration clauses have become the go-to mechanism of conflict resolution adopted in many commercial agreements.