Often, arbitration is easier than litigating. If you have a case that you believe could settle if the defendant offers a fair settlement, it’s worth considering arbitration. Arbitration is generally considered a more neutral option in international trade. That is why it's always advisable to seek arbitration attorneys before taking any action.

Arbitration vs Mediation

Arbitration and mediation are two distinct ways of resolving securities and business disputes between and among investors, brokerage firms and individual brokers, and offer a prompt and inexpensive means of resolving issues.
Alternative Dispute Resolution (ADR) is a general term to describe methods of resolving conflict outside of Court. People enter into ADR voluntarily and engage mediation and arbitration services of a neutral, third-party professional, in lieu of judicial options, to assist them in a confidential setting.

The main difference between arbitration and mediation is the process used to solve your conflict. They are two distinct ways of resolving securities and business disputes between and among investors, brokerage firms and individual brokers, and offer a prompt and inexpensive means of resolving issues.

Both arbitration and mediation seek to resolve disputes outside of the courts without resorting to formal litigation, but they are not the same types of processes.

Mediation is a non-binding process generally conducted with a single mediator who does not judge the case but facilitates discussion and eventual resolution of the dispute. On the other hand, arbitration is typically a binding process that replaces the full trial process with multiple (often three) chosen people to serve as judges in your case.

Mandatory arbitration has been prohibited in the United States in employee contracts and consumer financial services agreements, and it is limited in consumer contracts.

Using the arbitration process instead of going to court has many benefits:

  • Cost: While cost is usually lower than going to trial, it doesn’t always save you money. Arbitration still usually costs less in the long term.
  • Speed: In most cases, arbitration is a lot quicker than going to trial.
  • Simplification: Procedural rules in arbitrations are quite flexible matters of evidence and witness lists can be approved in a brief phone call.
  • Privacy: Arbitration is not held in open court. The transcripts are not part of the public record.

Arbitration can often be very useful and much better than going to court, depending on your situation. Our arbitration attorneys are ready to help you!

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