In addition to mediation and arbitration, there are other ways to resolve disputes.
As civilized people, we do not believe that self-help is the answer. Therefore, the court system exists. Depending on where your case is filed,
litigation can take years and money and - more importantly - a toll on your life. If you seek monetary"revenge", justice, punishment or vindication - only or in addition to other relief, you may not achieve those goals through litigation. There are many reasons including inadmissibility of evidence, inability to pay for expert testimony, inability to finance the litigation which may interfere with the ultimate result you seek.
ADR practitioners can conduct settlement conferences. These conferences involve a strict negotiation between the parties without any real discussion of the fact.
Med-Arb is another option. First, mediation is attempted. If unsuccessful, an arbitrator is brought in to decide the case. There is some controversy over whether or not the same person can be both the mediator and arbitrator.
While there may be more choices, these listed above are the most often utilized in lieu of arbitration or mediation. You are referred to those other sections of this website for more information.
