Legal Expert: Options For Resolving Disputes Without Court

What are some legal options, without going to court, for resolving conflicts when you can’t reach an agreement?

Lashandra Peoples-Johnson, a local attorney with Johnson-Cephas Law, stopped by our studios to explain arbitration, mediation, and negotiation.

Q: What are arbitration, mediation, and negotiation, and when might someone use them?

A: These are all forms of Alternative Dispute Resolution (ADR) designed to settle disputes without going to court. They include negotiation, mediation, and arbitration, which each serve different purposes depending on the conflict.

Q: Let’s start with arbitration. What does it involve?

A: Arbitration is similar to court but less formal and faster. An arbitrator hears evidence from both parties and makes a decision, which is usually binding.

Q: And mediation? How does it compare?

A: Mediation involves a neutral third party who helps the parties communicate and reach a solution on their own. Unlike arbitration, mediators don’t make decisions; they facilitate understanding and guide the process. This approach is common in custody disputes, where the mediator helps address misunderstandings or underlying tensions to help the parties find a resolution.

Q: What about negotiation? How does it work?

A: Negotiation doesn’t typically involve a third party. It’s a direct discussion between the parties to reach a mutually beneficial solution. This approach often focuses on preserving relationships.

Q: How do people decide which option to use, and where do these processes take place?

A: It depends on the situation. Arbitration is common for contract disputes, like disagreements over home repairs. Mediation and negotiation are ideal for custody disputes or other situations where it’s better for the parties to reach their own agreements. All three options happen outside of court, in various settings.

Q: Are the decisions legally binding?

A: For arbitration, yes—the decision is final, with no appeals. For mediation and negotiation, the decisions aren’t binding unless both parties agree and formalize the outcome.

Q: What are the risks involved with these methods?

A: For arbitration, the risk is the finality—you can’t appeal the decision. With mediation, the risk is that failing to reach a solution could lead to court. In negotiation, unresolved disputes can harm the relationship between the parties.

Q: Even after mediation or negotiation, can parties still go to court?

A: Yes, court remains an option if those methods don’t work. However, arbitration decisions are final and can’t be revisited in court.

Q: Why is it important to consider ADR before going to court?

A: These options allow for faster, less expensive resolutions and help keep emotions in check. They also provide a structured way to navigate conflicts with less stress.

When conflicts arise, having a neutral third party or an experienced guide can make all the difference.