How is Mediation and Arbitration Used to Avoid Civil Litigation?

Civil litigation is a term that describes any legal dispute brought before the court where two or more parties are seeking financial compensation for damages or other specific issues. Unlike criminal charges that state or federal law enforcement agencies bring, litigation involves non-criminal matters worked out in civil court. 

However, the already overloaded South Carolina civil courts use alternative dispute resolution (ADR) to try and resolve legal issues without the need for costly and time-consuming traditional litigation.

As a result, South Carolina courts require that plaintiffs and defendants in nearly every civil case, with only a few exceptions, must submit to mediation or arbitration methods first to resolve their legal issues.

If you are involved in a civil case, contact our law office, and ask to schedule a free initial consultation with an experienced attorney who can explain more about alternative dispute resolution works and how we can assist you. 

What is the Difference Between Mediation and Arbitration?

Many South Carolinians have heard the terms “mediation” and “arbitration.” However, individuals often mistakenly use these terms interchangeably without understanding what they mean. 

Mediation is one form of alternative dispute resolution used to settle disputes. During mediation, the parties involved agree to sit down with a licensed, neutral third-party mediator who works to facilitate a settlement between the two parties. The mediator is not a judge and does not issue a legally binding ruling on the matter in dispute. 

Arbitration is when both parties agree to meet with a neutral third-party arbitrator who issues an award on the matter in dispute. The ruling may be binding or non-binding. However, the civil court may enter the ruling into a judgment if the parties agree to binding arbitration. If the arbitrator issues a non-binding award, the parties may still proceed with civil litigation to decide their legal issues. 

Parties are not required to have legal representation for either mediation or arbitration matters. However, it is always wise for anyone involved in ADR to have qualified legal representation to protect their rights. 

That being the case, if you are entering alternative dispute resolution proceedings, contact our law firm and ask to schedule a free case evaluation to learn how we can assist you.

What Are the Benefits of Using Alternative Dispute Resolution Instead of Litigation?

Many considerable benefits are associated with using alternative dispute resolution methods (ADR) instead of litigation. One of the most significant aspects of ADR is that it is far less expensive and time-consuming than traditional litigation. 

Mediation and arbitration procedures require fewer resources and are more cost-effective for clients. In many instances, a traditional lawsuit could take months or even years to resolve as it makes its way through the overtaxed court system. ADR can often be completed in as little as three months but may take up to 6 months if issues need to be investigated. 

ADR is also less formal in its approach to resolving disputes as opposed to the court system, and as a result, there are fewer rules that participants must follow. Additionally, unlike in court settings where all issues may readily become public knowledge, ADR can be conducted privately. 

Finally, because parties have an equal opportunity to participate in either mediation or arbitration, there is greater room for participants to come to mutually agreed-upon decisions that benefit all involved. 

Can Your Law Firm Represent Me in Alternative Dispute Resolution Issues?

If you are trying to resolve legal issues through alternative dispute resolution (ADR), hiring an experienced attorney to represent you is in your best interest. Our well-trained lawyers have extensive experience representing clients in mediation and arbitration matters.

Our attorneys can offer clients the legal advice they need to protect their rights. Furthermore, our attorneys can assist clients by offering creative solutions to help resolve their legal disputes. 

Our attorneys have in-depth knowledge of the South Carolina court system. Our highly trained legal professionals can offer clients a detailed analysis of their case and the possible legal options to help reach a settlement. 

Our law firm recognizes that you want to resolve your legal issues quickly so you can continue your life. Our legal staff is passionately committed to helping clients receive the legal services they need to obtain favorable results in a timely manner.

Contact the Law Office of Joshua P. Golson, LLC of Columbia, South Carolina, and ask to schedule a free, no-obligation consultation to discuss your case.