Arbitration, Mediation, & Jury Trial - Apples & Oranges | Lesser Law ...

We have found that new clients unfamiliar with the litigation process often use the terms ?arbitration?, ?mediation?, and ?jury trial? interchangeably.? The fact of the matter is, however, their differences far exceed their similarities.? Arbitration as well as mediation are forms of alternative dispute resolution.? Cases may be referred to arbitration by court order, by agreement of the parties, or by contract.? The arbitrator(s) hears the evidence and renders a decision which is legally binding and enforceable upon the parties.? Proponents of arbitration argue it is beneficial and it is a much quicker process than proceeding to a jury trial.? Further, proponents of arbitration also contend that it is less expensive than traditional civil litigation.? A recent study published in Inside Counsel magazine, however, rebutted these arguments.? The comparative study of 19 single-plaintiff cases, of which 9 resolved through arbitration and 10 through court proceedings, found that arbitration, on average, is both more expensive as well as slower than litigation.? Here in South Florida, a typical three day arbitration costs upward of $45,000.00 (3 arbitrators at $5,000.00 per day per arbitrator).

As opposed to arbitration or a jury trial, mediation is a process where the parties involved in a dispute work with an impartial party, the mediator, to attempt to resolve the conflict.? In a typical mediation, each party has an opportunity to explain to the mediator his/her position.? At the conclusion of each parties? presentation, the parties are placed in separate rooms.? At that point, the mediator spends time separately with each party attempting effectuate an amicable resolution.? As opposed to an arbitrator?s ruling or a jury?s verdict, a mediator does not issue a binding ruling.? Instead, the mediator attempts to reach a mutual compromise.? This requires each party to agree to the resolution.

Finally, in a jury trial the finders of fact are a jury of one?s peers.? In Florida, the jury pool is comprised of individuals that are randomly selected from the driver?s license database.? Each individual receives a summons to serve on a jury.? Each party engages in a jury selection process where they have an opportunity to ask pertinent questions of the potential jurors.? A judge is still present throughout a jury trial.? During a jury trial, the judge is charged with determining all of the legal issues.? The jury is charged with the duty of listening to the evidence, applying the law as directed by the judge, and rendering its verdict.? In essence, a jury is a fact finder.? The jury?s verdict is binding upon the parties.

Although arbitrations, mediations and jury trials are each manners of resolving disputes, they are very different mechanisms.? At Lesser, Lesser, Landy & Smith, we have years of experience in determining which method, or methods, is in the best interest of our clients.? If you have any questions regarding the resolution of your dispute, please do not hesitate to contact us.

This entry was posted on Wednesday, January 2nd, 2013 at 11:50 am and is filed under Arbitration Agreements, Jury Selection Process, Mediation, Trial. You can follow any responses to this entry through the RSS 2.0 feed. Responses are currently closed, but you can trackback from your own site.

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