Mediation, Arbitration, and Litigation/Martin Rosenfeld, JD

Posted on February 14, 2016

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An article outlining the differences between mediation, arbitration, and litigation was prepared by the staff of the Program on Negotiation (PON) at Harvard Law School. The article can be found at: http://www.pon.harvard.edu/daily/dispute-resolution/what-are-the-three-basic-types-of-dispute-resolution-what-to-know-about-mediation-arbitration-and-litigation/. In a short article, some issues become very noticeable. The article describes mediation as a process that engages the parties. The main figure in arbitration becomes the factfinder or judge. The actors in litigation are the attorneys. One can make the decision that is best for their circumstance. Would you like to be the central player as the parties are in mediations? Do you prefer the easier track of having a third party decide the matter for you. Or would you prefer to lets the “warring” attorneys try to jawbone until an agreement or a decision is finally reached? There might be reasons to prefer the latter two options. However, if you desire Win-Win, and an easier and less costly solution, you will be well advise to avoid litigation. Mediate don’t litigate.

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