Mediation
Mediation allows the parties and their lawyers the opportunity to sit down in
a relaxed setting and discuss possible settlement of the lawsuit with a neutral mediator. Strengths and weaknesses of the
case are discussed. Options are proposed for resolution and the mediator strives to assist both sides in reaching settlement.
Settling a case in mediation can result in reduction of costs, elimination of risk at trial and closure for
both sides.
Arbitration
Arbitration is a formal process in which a panel of attorneys hears evidence
and renders an opinion regarding the value or merits of the case, which could be binding or non-binding. Arbitrations are
conducted pursuant to Local Rule 10. The arbitration process is typically used for cases where the actual amount in controversy,
exclusive of interest and costs, is $50,000 or less per claimant. The parties may agree to submit cases to arbitration where
the amount in controversy exceeds $50,000 per claimant.
A case may be referred to arbitration at the request of the parties or by order of the Court. An arbitration
award is not binding upon the parties unless agreed upon prior to referral. After an arbitration is held, the panel issues
a Report and Award which becomes a final judgment in 30 days unless an appeal is filed. An appealed case is returned to the
court.